1991 PLP 1674 (SCMR)

(On appeal from the judgment dated 4-12-1988 of the Federal Service Tribunal, Islamabad, passed in Appeals Nos.351(R) of 1985 and 352(11) of 1985).

Art. 212(3)

Matter regarding inclusion of petitioners' names in seniority list was taken up by Service Tribunal comprising of Chairman and two members-- Member of Service Tribunal, who was assigned the writing of judgment, gave his opinion in favour of petitioners, whereas Chairman and other members took a contrary view

In view of division of Members of Tribunal on issue, matter required further consideration

Leave to appeal was granted to consider whether department was justified in treating petitioners differently than other officers regarding inclusion of names in seniority list. ORDER AJMAL MIAN, J.

By this common order, we intend to dispose of the above two petitions for leave to appeal as they -are directed against the judgment dated 4-12-1988 of the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, passed in Appeals No.351(R)/85 and 352(11)/85 filed by the petitioner, dismissing the same in view of the majority opinion.

2. The facts to be noted are that in pursuance of recommendations on reshaping of education on the principles and aims of education as defined in Islam made in the First World Conference on Muslim Education held in 1977, it was decided to create an Islamic Research Cell in Pakistan attached to the Education Ministry (later on it was named as Islamic Education Sector in 1982 as a result of reorganisation of the Ministry of Education), for carrying out in depth study of the concept of Islamic education. In consequence whereof, a number of posts were created mentioned in Letter No.F.2-5/78 Admn.-I, dated 7-12-1978 of the Ministry of Education which inter alia included two Assistant Educational Advisors (G-18) and two Research Scholars (G-17). The petitioners were recruited as Research Scholars (G-17) on the recommendation of F.P.S.C. on 3-8-1981. Thereupon, they joined the service in the same month. It appears that the Ministry of Education prepared seniority list of Education Officers but the petitioners' names were not included. They made representation, they filed appeals without success. After that, they filed aforesaid service appeals which were heard by the Tribunal comprising of the Chairman and two Members. It appears that the Member of the Tribunal, who was assigned the writing of judgment, gave his opinion in favour of the petitioners by holding that there was no reason to treat the petitioners differently from the other officers who were taken in pursuance of the aforesaid creation of the Islamic Research Cell in the Ministry of Education, but the Chairman and the other Member took a contrary view and held that the post of Research Scholar was ex-cadre post and, therefore, the petitioners' names were not rightly included in the seniority list. The. petitioners have, therefore, filed the above petitions for leave to appeal.

3. We have heard Mr. M.S. Siddiqui, learned A.S.C. appearing for the petitioners, and in our view the matter requires further consideration as even the Members of the Tribunal were divided on the issue. We would, therefore, grant leave to consider, whether the respondent department was justified in treating the petitioners differently than the other officers who were inducted into service in pursuance of the aforesaid creation of Islamic Research Cell. Leave is accordingly granted. The appeals shall be prepared on the basis of the present record with the direction to the parties to file additional documents, if necessary, for the disposal of the appeals. H.B.T./M-1344/S Leave granted.