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1998 SCMR 1071

S. SAJJAD HUSSAIN ABID vs THE SECRETARY, ESTABLISHMENT DIVISION,

Petitioner: S. SAJJAD HUSSAIN ABID VS Respondent: THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others

Court: Supreme Court of Pakistan Decision Date: 1998-03-30

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Sh. Ijaz Nisar Title:S. SAJJAD HUSSAIN ABID vs THE SECRETARY, ESTABLISHMENT DIVISION,

GOVERNMENT OF PAKISTAN, ISLAMABAD and others Case No.: Civil Petition for Leave to Appeal No,273 of 1996 Appeal No,473-R of 1995 Date of Judgment:1998-03-30 Reported As: 1998 SCMR 1071 Result: Leave granted Judgment ORDER ' 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 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 similarly placed.

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