1997 PLC(CS) 171

MUHAMMAD SALEEM SADDOZAI Versus CAHAIRMN, P.O.F., WAH

Share on WhatsApp ⭐ Prefer in Google

Citation1997 PLC(CS) 171

CourtSupreme Court of Pakistan

Case No.Civil Petition No. 370 of 1995

Date1996-01-30

Judge(s)Saiduzzaman Siddiqui, Mukhtar Ahmed Junejo and Muhammad Bashir Khan Jehangiri

Authored bySaiduzzaman Siddiqui

ResultLeave granted

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner sought leave to appeal against the judgment of the Federal Service Tribunal, which had dismissed his service appeal regarding seniority vis-a-vis respondent No. 3. The Tribunal had held that under section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971, respondent No. 3 was entitled to count his period of compulsory service for seniority. Before the Supreme Court, the petitioner contended that section 9-A applied only to employment under the Federal and Provincial Governments and did not extend to service under the Pakistan Ordnance Factories (P.O.F.), which did not constitute service under either government. The Supreme Court held that the contention raised a question requiring examination and accordingly granted leave to appeal to consider the applicability of the statutory provision.

Questions settled in this judgment

Does section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971 apply to service under the Pakistan Ordnance Factories?
Is service under the Pakistan Ordnance Factories considered service under the Federal or Provincial Government for the purpose of seniority determination?

Laws & provisions referred

Section 9-A, Compulsory Service in the Armed Forces Ordinance 1971

service appealsenioritycompulsory serviceleave to appealarmed forces ordinance

ORDER

1. 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.

2. 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 Tribunal, accordingly, held that departmental authority rightly treated respondent No. 3 as senior to the petitioner.

3. 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 the 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

4. A.A.-/M-3287/S Leave granted.