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Petitioner: MUHAMMAD MUZAFFAR ABBAS VS Respondent: PAKISTAN
1997 P L C (C
1997 P L C (C. S.) 70
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah, CJ., Fazal Ilahi Khan and Mukhtar Ahmed Junejo, JJ
MUHAMMAD MUZAFFAR ABBAS
versus
PAKISTAN through Secretary, KANA Division, Islamabad and 7 others
Civil Petition No. 581 of 1995, decided on 13th May,.1996.
Civil Servants Act (LXXI of 1973)‑
‑‑‑‑S. 8‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Seniority‑‑‑Seniority list admittedly was not circulated as yet‑‑‑Civil servant after circulation of seniority list if had any grievance with regard to his placement in such list (after circulation) would be allowed to file departmental representation which should be disposed of on merits after which it would be open to him to approach Service Tribunal for redress of his grievance if any‑‑Petition for leave to appeal was disposed of in terms of stand taken up by representative of respondent that seniority list has been prepared, steps were being taken to circulate the same very soon..
M.S. Siddiqui; Advocate Supreme Court with Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
Raja M. Bashir, Deputy Attorney‑General, Akhtar Hussain, Admn. Officer, Chief Engineer, Northern Area, Public Works Department for Respondents.
Date of hearing: 13th May, 1996.
ORDER
SAJJAD ALI SHAH, CJ..‑‑On the last date of hearing this Court directed that the Chief Engineer, Northern Areas, P.W.D., Gilgit or a responsible departmental representative, who is conversant with the facts of the case, should appear and inform the Court about the date and year‑in which the seniority list in question was published. The petitioner before us claims seniority in Grade‑18 on the basis of adjustment of seniority in Grade‑17 and according to him the seniority list was kept secret and was not circulated at all. We made the above direction in order to have clarification with regard to issue and circulation of the seniority list. In compliance, the learned Deputy Attorney‑General states that the Chief Engineer is unable to appear in the Court for the reason that he is out of country and in his place Mr. Akhtar Hussain, Administrative Officer, who is conversant with the facts of the case and has also brought the record, is present in the Court to answer queries if there are any. This officer has very candidly admitted that the seniority list in question was issued in 1992 but was never circulated. It is further stated by him that necessary steps are being taken to circulate the seniority list in the manner as it should be very soon.
2. In the circumstances, we are of the view that in all fairness after circulation of the seniority list, the petitioner, if he has any grievance with regard to his placement in the seniority list after circulation, should be allowed to file a departmental representation which should be disposed of on merits after which it would be open to him to approach the Federal Service Tribunal for redress of his grievance if he has any.
The impugned order is set aside and with this observation the petition is disposed of.
A. A. /M‑3284/5 Order accordingly.