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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SALEEM SADDOZAI VS Respondent: CHAIRMAN, P.O.F., WAH And 2 Other
Court Name: Supreme Court of Pakistan Judge(s):Muhammad Bashir Jehangiri, Saeeduzzaman Siddiqui, Mukhtar Ahmed
Junejo Title: MUHAMMAD SALEEM SADDOZAI vs CHAIRMAN, P.O.F., WAH And 2 Other Case No.: Civil Petition No. 370 of 1995 Appeals Nos.388 and 391/94 Date of Judgment:1996-01-30 Reported As: 1997 SCMR 1363 Result: Leave granted Judgment ORDER SAIDUZZAMAN SIDDIQUI; J.---The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal dated 7-5-1995 whereby the learned Tribunal dismissed the service appeal of the petitioner. The dispute before the learned Tribunal in the service appeal related to seniority. Between the petitioner and respondent No.3. The learned Tribunal held that in view of section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971, respondent No.3 was entitled to count the period from 6-3-1982 to 12-12-1984 when he was called for compulsory service of army towards his seniority in service in P.O.F. The learned Tribunal, accordingly, held that Departmental Authority rightly treated respondent No.3 as senior to the petitioner. In seeking leave to appeal, the learned counsel for the petitioner contended that section 9-A (ibid) which was added subsequently, applied only to the employment under the Federal and Provincial Government in Pakistan. This section did not apply to the service under P.O. F. Which was neither a service under the Federal Government nor Provincial Government. The contention raised by the learned counsel requires examination and we, accordingly, grant leave to appeal to consider the same.
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