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Petitioner: ZULEKHA ZAR VS Respondent: SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
1992 P L C (C
1992 P L C (C.S.) 1347
[Federal Service Tribunal]
Present: Syed Ally Madad Shah, Chairman and Muhammad Ismail Khaskhely, Member
Mrs. ZULEKHA ZAR
versus
SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
Appeals Nos.445(R) of 1987 and 53(K) of 1988, decided on 2nd June, 1992.
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--
----R.9---Seniority of civil servants inter se---Civil servant entered Grade 19, by way of promotion while rival civil servant's (not party in appeal) appointment was made through transfer; thus rival civil servant was already enjoying Grade 19, when she joined specific Division, whereas appellant having entered that Grade through promotion would rank junior to rival civil servant---Inter se seniority of both civil servants was given effect to on that consideration and that position was rightly maintained by Establishment Division all along-- Appellant would thus, rank junior to rival civil servant in circumstances.
(b) Civil servant---
----Seniority---Rival civil servant was promoted to Grade 20 in 1976---Civil servant did not lodge any protest until 1985, when she filed appeal, wherein it was held that her belated grievance could not be looked into against promotion of rival civil servant---Civil servant, thus, did not have a case of seniority to succeed.
(c) Service Tribunals Act (LXX of 1973)---
----S.4---Non-impleading of rival civil servant---Effect---There was legal impediment in the way of civil servant that she had not impleaded rival civil servant against whom she was claiming relief, as a party in appeal---Civil servant had thus, no case to contest seniority vis-a-vis rival civil servant who was not in the field.
Appellant in person.
Niaz Ahmad Khan Standing Counsel for the Government.
Date of hearing: 31st May, 1992.