1990SCMR1441 (PLP)
ABDUL RASHID KHAN‑‑‑Petitioner Versus PAKISTAN through Secretary, Establishment Division‑‑‑Respondent
| Citation | 1990SCMR1441 (PLP) |
| Forum / Court | High Court |
| Bench Members | S. Usman Ali Shah and Abdul Qadeer Chaudhry, JJ |
| Parties | ABDUL RASHID KHAN‑‑‑Petitioner Versus PAKISTAN through Secretary, Establishment Division‑‑‑Respondent |
| Primary Law | Civil Servants Act (LXXI of 1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR1441 (PLP)?
This judgment primarily cites: Civil Servants Act (LXXI of 1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR1441 (PLP)?
The case was heard and decided by the High Court bench comprising: S. Usman Ali Shah and Abdul Qadeer Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR1441 (PLP) (ABDUL RASHID KHAN‑‑‑Petitioner Versus PAKISTAN through Secretary, Establishment Division‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maulvi Sirajul Haq, Advocate Supreme Court and Manzoor Illahi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 11th February, 1990.
Headnotes / Summary
(Against the judgment and order dated 21‑12‑1988 of the Federal Service Tribunal in Appeal No. 331(R) of 1985). ‑‑‑‑S. 23‑‑‑Central Secretariat Service (Class I) Rules,1965, R. 13‑‑‑O.M.G. Rules, 1975, Rr. 12(b) & (c)‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Leave to appeal was granted to examine; whether R. 12(b) (i) & (ii), O.M.G. Rules deals with inter se seniority of various categories and not with the date of start of seniority; whether under R.13, Central Secretariat Rules, petitioner's seniority should start from the date of his "continuous appointment" as Section Officer; whether R.12(b) or 12(c), O.M.G. Rules would apply to determine the seniority of petitioner and if so, from which date he would be considered for the purpose of his seniority; and whether the seniority fixed by the department was contrary to O.M.G. Rules read with Central Secretariat Service Rules and violative of proviso to S. 23, Civil Servants Act, 1973.
Judgment & Decree
ABDUL OADEER CHAUDHRY, J.‑‑‑The petitioner's case is that he was appointed as Section Officer on 1‑10‑1959. He was promoted to Grade 18 on 8‑11‑1976. He was encadred in O.M.G. on 9‑10‑1977. According to the learned counsel for the petitioner, on encadrement in O.M.G. his seniority was governed by rule 12 of the O.M.G. Rules 1975 read with rule 13 of the CSS Rules, 1965. It is contended that in violation of the rules, the Establishment Division has fixed his seniority with effect from 9‑10‑1977. He made a representation for determination of his seniority and promotion. It was rejected by the authorities. He filed an appeal before the Federal Service Tribunal which was dismissed on 21‑12‑1988. Hence this petition for leave to appeal from the aforesaid judgment of the Federal Service Tribunal.
2. We have heard the learned counsel for the petitioner. The following points of law require determination:‑‑
(i) Whether Rule 12(b)(i) & (ii) of the OMG Rules deal with inter se seniority of various categories and not with the date of start of seniority. (ii) Whether under rule 13 of the CSS Rules, the petitioner's seniority should start from 1‑10‑1959, the date of his "continuous appointment" as Section officer. (iii) Whether rule 12(b) or 12(c) of the OMG Rules would apply to determine the seniority of the petitioner and if so, from which date he will be considered for the purpose of his seniority. (iv) Whether the seniority fixed by the department is contrary to OMG Rules read with CSS Rules and violative of proviso to section 23 of the Civil Servants Act.
3. Leave is granted. The appeal to be made ready on the present record with liberty to the parties to file all such additional documents as they may desire. A.A./A‑701/S Leave granted.