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Petitioner: SHAHIDA SAADULLAH VS Respondent: SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD
1998 P L C (C
1998 P L C (C.S.) 1045
[Supreme Court of Pakistan]
Present: Abdul Hafeez Memon and Munawar Ahmad Mirza, JJ
Mrs. SHAHIDA SAADULLAH
versus
SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others
Civil Petition No. 588 of 1995, decided on 2nd December, 1996.
(On appeal from the judgment/order dated 3-9-1995, of the Federal Service Tribunal, Islamabad in Appeal No. 239(R) of 1995).
Civil Servants Act (LXXI of 1973)--
----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 31-12-1982, 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.
Sheikh Riazul Haq, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate- on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 2nd December, 1996.
ORDER
ABDUL HAFEEZ MEMON, 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 with effect from 20-1-1982, vide Notification, dated 26-1-1982. She was thereafter promoted/posted as System Analyst in the same Grade B-18 with effect from 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. l 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.