FAKHERA T. ABBASI, S.O. FINANCE DIVISION, ISLAMABAD Versus SECRETARY ESTABLISHMENT DIVISION, ISLAMABAD
The petitioners, who were Research Officers (B-17) transferred on deputation to the Office Management Group (O.M.G.), challenged a Federal Service Tribunal judgment that denied them seniority from the dates they initially joined the O.M.G. The core legal question was whether civil servants appointed by transfer to the O.M.G. after serving on deputation are entitled to seniority from the date of their initial deputation or from the date of their subsequent appointment by transfer. The Supreme Court granted leave to appeal, finding that the petitioners' case was supported by established precedent. The Court held that, in the absence of specific rules framed under the Civil Servants Act for determining seniority, reliance must be placed on official memoranda. Applying the principle established in Muhammad Zafar Khan v. Secretary, Establishment Division, the Court affirmed that officers in pay scales 17 or 18 who joined the Federal Secretariat on deputation and were subsequently appointed by transfer to the O.M.G. are entitled to seniority from the date they joined the Federal Secretariat on deputation, rather than the date of their appointment by transfer.
- Are civil servants appointed by transfer to the Office Management Group entitled to seniority from the date of their initial deputation?
- Does the absence of specific rules under the Civil Servants Act 1973 allow for reliance on official memoranda to determine seniority?
- Should promotion to Grade-18 in a parent department be treated as the cut-off date for determining seniority in the Office Management Group?
- Civil Servants Act 1973
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 to 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 scales 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.