WALAYAT HUSSAIN RAJA vs SECRETARY, ESTABLISHMENT DIVISION And Other
This matter arises from a petition for leave to appeal directed against the order of the Federal Service Tribunal, Islamabad, dated 1st July, 1985. The core legal questions concern whether the Service Tribunal erred in basing its seniority decision on a replaced Office Memorandum instead of the operative one, and whether appointments under specific paragraphs of the 1975 Office Memorandum were subject to or in excess of departmental quotas prescribed by rules. The Supreme Court of Pakistan held that the points raised by the petitioner warranted a full examination and granted leave to appeal, ordering the petition to be heard along with connected pending appeals where leave had already been granted. The key principle laid down is that where substantial questions regarding the applicability of administrative office memoranda and departmental quotas in seniority matters are raised, leave to appeal is appropriately granted for a comprehensive hearing alongside similar pending cases.
- Whether the Service Tribunal can base its decision on seniority on an Office Memorandum that has already been replaced?
- Are appointments made under para 6 of the Office Memorandum subject to any quota?
- Can appointments of officers under para 4 of the Office Memorandum be made in excess of the departmental quota prescribed by rules?
ORDER
1. MIAN BURHANUDDIN KHAN, J.-- Leave is sought against the' order dated 1st July, 1985 passed by the Federal Service Tribunal, Islamabad in Appeal No. 98 (R) of 1983 on the grounds:-
(a) That the Service Tribunal was not justified in basing its decision on seniority on Establishment Division's O.M.1/2/75-ARC, dated 13-i1-1976 which had already been replaced by Establishment Division O.M. No.10/1/74-C.III (A), dated 17-2-1979. Thus the base of decision on an Office Memorandum which did not exist at the time of the preparation of seniority list, is wholly erroneous in law;
(b) That the Service Tribunal was not justified in holding that the appointment under para 6 of the O.M. Of 1975 were subject to any quota. In this connection it is contended that this Court has already granted leave to appeal to consider this very point in Civil Petition No. 695-R of 1985 titled Fazal-e-Kadir v. Secretary Establishment Division and others;
(c) That the Service Tribunal was not justified in accepting the position that appointment of Officers under para 4 of the O.M. Of 1975 could be made in excess of departmental quota prescribed by Rules.
2. 2.We have examined the points inter alia raised by the learned counsel for the petitioner. In this petition leave to appeal is granted. To be heard along with appeals arising out of Civil Petitions Nos.
3. 695-R to 697-R of 1983, in which leave was granted on the 3rd November, 1984.