1998 PLP 1071 (SCMR)
Present: Irshad Hasan Khan and Sh. Ejaz Nisar, JJ Versus THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others‑‑‑Respondents
| Citation | 1998 PLP 1071 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Sh. Ejaz Nisar, JJ |
| Parties | Present: Irshad Hasan Khan and Sh. Ejaz Nisar, JJ Versus THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1071 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1071 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Sh. Ejaz Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1071 (SCMR) (Present: Irshad Hasan Khan and Sh. Ejaz Nisar, JJ Versus THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Petitioner in person. Maulvi Anwarul Haq, Deputy Attorney‑General for Respondents. Respondent No.5 in person.
- Date of hearing: 30th March, 1998.
- Petitioner in person. Maulvi Anwarul Haq, Deputy Attorney-General for Respondents. Respondent No.5 in person.
Headnotes / Summary
(On appeal from the order, dated 4th March, 1996 of the Federal Service Tribunal, Islamabad in Appeal No.473‑R of 1995). ‑‑‑‑Art. 212(3)‑‑‑Seniority‑‑‑Allegation of discriminatory treatment‑‑‑Petitioner originally belonged to Education Department where he joined in 1960‑‑ Petitioner although joined Federal Investigation Agency as Superintendent in 1975 yet he was given seniority as Superintendent with effect from 4‑7‑1987 on the ground that he was on deputation and was permanently absorbed in F.I.A. on the said date‑‑‑Validity‑‑‑Contention of the petitioner was that a number of Provincial employees who had come from different departments on deputation were treated as deputationists and had given seniority with effect from the date they joined as Superintendent, though said persons were junior in service to him but they had become senior to him in pursuance of the order of the Authorities‑‑ Leave to appeal was granted to consider whether discriminatory treatment had been meted out to the petitioner qua other persons/private respondents similarly placed.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This petition for leave to appeal is directed against the judgment dated 10-3-1996 passed by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeal No.473-R of 1995.
2. The petitioner originally belonged to Education Department, Government of Punjab, where he joined as Assistant in 1960. His main grievance is that although he had joined Federal Investigation Agency (FIA) as Superintendent in 1975 yet he was given seniority as Superintendent with effect from 4-7-1987 on the ground that he was on deputation and permanently absorbed in F. I. A. on the said' date. The petitioner submitted that a number of provincial employees, namely, Ch.Fateh Muhammad, Sh. Naeem, Inayat, Allah Ditta, Firdaus Ali Shah and Yousaf Ali Qureshi who have come from different departments on deputation, were treated as deputationists and had been given p seniority with effect from the date they joined as. Superintendents. It was further submitted that the aforesaid persons were junior in service to the petitioner but they have become senior to him in pursuance of the impugned order.
3. Leave to appeal is granted to consider whether discriminatory treatment has been meted out to the petitioner qua other persons/private respondents C similarly placed. M.B.A./S-46/S Leave granted.