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Petitioner: FAKHERA T. ABBASI, S.O. FINANCE DIVISION, ISLAMABAD VS Respondent: SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
1998 P L C (C
1998 P L C (C. S.) 309
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah, C.J., Fazal Ilahi Khan and Raja Afrasiab Khan, JJ
Mrs. FAKHERA T. ABBASI, S.O. FINANCE DIVISION, ISLAMABAD and 2 others
Versus
THE SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 63 others
Civil Petitions for Leave to Appeal Nos. 673, 674 and 675 of 1995, decided on 3rd June, 1996.
(On appeal from the decision of the Federal Service Tribunal, dated 24-8-1995 passed in Appeals Nos.258/R, 259(R) and 260(R) of 1995).
Civil Servants Act (LXXI of 1973)---
----Ss. 8 & 9---Constitution of Pakistan (1973), Art. 212(3)---Seniority-- Promotion--- Appointment on deputation---Effect---Civil servants claimed seniority from the dates on which they were actually transferred and posted on deputation on basis of rule laid down by Supreme Court in 1995 SCMR 1840, whereby officers in pay scale of 17 or 18 who had joined Federal Secretariat as Section Officers on deputation and were, subsequently, appointed by transfer as Section Officers in the same scale in O.M.G., were given seniority from the date they joined Federal Secretariat as Section Officers on deputation---Promotion to Grade-18 in parent department was not to be taken as the cut off date for purposes of determining seniority in O.M.G.---Rule laid down by Supreme Court, prima facie, supported case of civil servants (petitioners)---Leave to appeal was granted in circumstances.
Muhammad Zafar Khan v. Secretary, Establishment Division, Islamabad and 155 others 1995 SCMR 1840 rel.
Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan for Petitioners (in all Petitions).
Nemo for Respondents.
Date of hearing: 3rd June, 1996.
ORDER
RAJA AFRASIAB KHAN, J.---The petitioners, Mrs,. Fakhera T. Abbasi (C.P. 673 of 1995), Muhammad Ikram (C.P. 674 of 1995) and Sawar Khan (C.P. 675 of 1995) had been working as Research Officers (B-17) in the Water Management Wing under the Ministry of Food and Agriculture, Government of Pakistan. They were transferred and posted on deputation to work in the Office Management Group for different periods on 4th of March, 1989, 15th of May, 1989 and 30th of May, 1989 respectively. On 13th of June, 1995, they were appointed by transfer to work as Section Officers in their own pay scales in the O.M.G. from the dates they had assumed their new assignment. A seniority list of Section Officers was prepared and issued in 1993. The petitioners were not included in the list by ignoring them in lieu of no reasons. In this situation, they made representations which were accepted by the competent Authority. On 25-4-1994, they were included in the Gradation List. On 31st of January, 1995, 64 Section Officers were promoted from B-17 to B-18 by the Establishment Division but the petitioners were not considered for such promotion. They, therefore, made representations. After having failed before the departmental authorities, the petitioners instituted appeals stating that they were entitled to be given seniority from the dates on which they joined the O.M.G. The request of the petitioners was turned down by dismissing their appeals through a consolidated judgment dated 24-8-1995 having been passed by Federal Service Tribunal. These petitions have been filed to call in question the validity of the impugned judgment.
2. Learned counsel has submitted that the respondent was bound to give seniority to the petitioners from the dates on which they were actually transferred and posted on deputation. To support the plea, learned counsel has relied upon Muhammad Zafar Khan v. Secretary, Establishment Division, Islamabad and 155 others (1995 SCMR 1840) wherein it was observed: --
"The admitted position has emerged that the Civil Servants Act requires determination of seniority to the principles laid down by the rules framed under it but no rules have been framed. Therefore, in the absence of rules applying the principles for determining seniority as discussed above, in our view, reliance can be placed on the O.M. quoted above. According to O.M. No. 8/17/90/OMG-I, dated 28-1-1991 quoted in para. 2 above, officers in the pay scale of 17 or 18 who had joined Federal Secretariat as Section Officers on deputation and were subsequently, appointed by transfer as Section Officers in the same scale in the O.M.G. were given seniority from the date they joined the Federal Secretariat as Section Officers on deputation. The promotion to Grade-18 in the parent department was not to be taken as the cut off date for purposes of determining the seniority in the O.M.G. The appeal is dismissed."
3. The above-quoted rule of this Court, prima facie, supports the case of the learned counsel. This being so, leave to appeal is granted to the petitioners.
A.A./F-13/S Leave granted.