1998 PLP 2372 (SCMR)
Mrs. SHAHIDA SAADULLAH‑‑‑Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF
| Citation | 1998 PLP 2372 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hafeez Memon and Munawar Ahmad Mina, JJ |
| Parties | Mrs. SHAHIDA SAADULLAH‑‑‑Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF |
| Primary Law | Civil Servants Act (LXXI of 1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 2372 (SCMR)?
This judgment primarily cites: Civil Servants Act (LXXI of 1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 2372 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hafeez Memon and Munawar Ahmad Mina, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 2372 (SCMR) (Mrs. SHAHIDA SAADULLAH‑‑‑Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheikh Riazul Haq, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 2nd December, 1996.
- Sheikh Riazul Haq, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment/order, dated 3‑9‑1995, of the Federal Service Tribunal, Islamabad, in Appeal No.239‑R of 1995). ‑‑‑‑S.8‑‑‑Constitution of Pakistan (1973), Art. 212 (3)‑‑‑Seniority‑‑‑Civil servant was initially appointed as Programmer in Grade‑17 but subsequently she was promoted in Grade‑18 with effect from 20‑1‑1982 and, thereafter, posted as System Analyst in the same grade‑‑‑Respondents were directly appointed as System Analysts in Grade‑18 against quota of direct recruits on 4‑5‑1982 and 31‑2‑1982, respectively‑‑‑Civil servant (petitioner) was placed in seniority list below to the directly recruited System Analysts‑‑‑Civil servant's claim before Service Tribunal was that inasmuch as two posts of Programmer and System Analyst were in same Grade‑18 and were subsequently merged, therefore, her seniority had to be reckoned from the date when she was promoted in Grade‑18 on 20‑1‑1982, in regular manner, and on such reckoning, she was senior to both respondents, who were admittedly appointed in Grade‑18 after civil servant‑‑ Contentions raised would require consideration‑‑‑Leave to appeal to Supreme Court was granted in circumstances.
Judgment & Decree
ABDUL HAFEEZ MEMOON, J.
This petition is directed against the judgment, dated 3-9-1995, passed by the Federal Service Tribunal, whereby it dismissed the appeal of the petitioner against her claim of seniority over respondents Nos.4 and 6. `% 2, The petitioner Mrs. Shahida Saadullah was appointed as Assistant Programmer in Grade B-17 in Pakistan Computer Bureau. She was promoted as Programmer in Grade B-18 w.e.f. 20-1-1982, vide Notification, dated 26-1-1982. She was thereafter promoted/posted as System Analyst in the same Grade B-18 w.e.f. 16-6-1986, vide Notification, dated 26-6-1986. Respondent No.4 Bashir Ahmad Fani and respondent No.6 Amir Sultan were appointed as System Analysts in Grade B-18 against quota of direct recruits on 4-5-1982 and 31-12-1982, respectively. The seniority list of System Analysts, Grade B-18, as on 18-2-1989, was circulated by the department vide memo. dated 16-10-1994, wherein the petitioner was placed at serial No.4, below respondents Nos.4 and 6, who were respectively placed at Serial Nos.1 and
3. The petitioner's claim before the Tribunal was that inasmuch as two posts of Programmer and System Analyst were in the same Grade-18, which were subsequently merged by the department. her seniority was to be counted from her regular promotion to Grade-18 on 26-1-1982, and when so counted, she was senior to both the respondents, who were appointed System Analysts in the same Grade-18 after her on 4-5-1982 and 31-12-1982. The learned Service Tribunal, however. dismissed the petitioner's appeal. Hence, this petition.
3. Sh. Riazul Haq, learned counsel for the petitioner, repeated the contention raised before the Tribunal and submitted that, inasmuch as both the posts of Programmer and System Analysts were in the same Grade-18 and were subsequently merged, the seniority of the petitioner had to be reckoned from the date when she was promoted in Grade-18 on 20-1-1982, in the regular manner, and on such reckoning, she was senior to both the respondents, who were admittedly appointed in Grade-18 after the petitioner.
4. The contentions raised require consideration. Leave is accordingly granted. A.A.S-63/S Leave granted.