Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM AKBAR KHAN NIAZI VS Respondent: SECRETARY, ESTABLISHMENT DIVISION, RAWALPINDI
1992 P L C (C
1992 P L C (C.S.) 1397
[Supreme Court of Pakistan]
Present: Nasim Hasan Shah, Muhammad Afzal Lone and Sajjad Ali Shah, JJ
Dr. GHULAM AKBAR KHAN NIAZI
Versus
SECRETARY, ESTABLISHMENT DIVISION, RAWALPINDI and 7 others
Civil Appeal No. 72 of 1990, decided on 15th August, 1992.
(On appeal from the judgment dated 28-2-1989, of the Federal Service Tribunal, Islamabad, passed in Appeal No. 90(R)/84).
(a) Civil Servants Act (LXXI of 1973)--
----Ss. 23 & 12-A--.Constitution of Pakistan (1973); Art. 212(3)---Leave to appeal was granted to examine whether the President of Pakistan could deal with a group of civil: servants in exercise of his powers under S.23 of the Civil Servants Act, 1973 which adversely affects any other civil servant and whether the appointment of a civil servant could be regularised from a date earlier than the date from which the Federal Public Service Commission approved his name.
(b) Civil Servants Act (LXXI of 1973)---
----S. 23---Seniority being not a vested right, conferment of seniority on civil servants with effect from the dates of their induction under the orders of the President of Pakistan was not violative of any right of other civil servant granted by the Civil Servants Act, 1973 governing the terms and conditions of his service---President of Pakistan had the power under S.23 to pass the order fixing the seniority of such civil servants from the dates of their induction in the Department.
Muhammad Iqbal Khokhar and 3 others v. The Government of the Punjab PLD 1991 SC 35 and Jahangir Mirza, Senior Superintendent of Police, Lahore and another v. Government of Pakistan through Secretary, Establishment Division and others PLD 1990 SC 1013 ref.
Shah Abdur Rashid, Advocate Supreme Court instructed by Manzoor Elahi, Ex-Advocate-on-Record for Appellant.
Ch. Ijaz Ahmad, Dy. Attorney-General instructed by Ch. Akhtar Ali, Advocate-on-Record for Respondents.
Date of hearing: 17th March, 1992.