ABDUL RASHID KHAN vs PAKISTAN through Secretary, Establishment Division
This matter originated as a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had dismissed the petitioner's appeal regarding the determination of his seniority as a civil servant. The petitioner, a Section Officer appointed in 1959 and promoted to Grade 18 in 1976, challenged the Establishment Division's decision to fix his seniority in the Office Management Group (O.M.G.) effective from 9-10-1977, the date of his encadrement. The petitioner contended that his seniority should instead be calculated from his initial date of continuous appointment in 1959, citing specific provisions of the O.M.G. Rules 1975 and the Central Secretariat Service (CSS) Rules 1965. The Supreme Court identified several critical legal questions requiring determination, specifically concerning the interpretation of seniority rules under the O.M.G. framework, the applicability of CSS Rules regarding continuous service, and whether the department's fixation of seniority violated the proviso to section 23 of the Civil Servants Act 1973. Finding these issues substantial, the Court granted leave to appeal to examine the merits of the seniority dispute.
- Does Rule 12(b)(i) and (ii) of the O.M.G. Rules 1975 govern the inter se seniority of various categories rather than the starting date of seniority?
- Should a civil servant's seniority be calculated from the date of continuous appointment under Rule 13 of the CSS Rules 1965?
- Does the fixation of seniority by the Establishment Division violate the proviso to section 23 of the Civil Servants Act 1973?
- Rule 12, O.M.G. Rules 1975
- Rule 13, CSS Rules 1965
- Section 23, Civil Servants Act 1973
ORDER
' ABDUL QADEER CHAUDHRY, J.---The petitioner's case is that he was appointed as Section Officer on 1-10-1959. He was promoted to Grade 18 on 8-11-1976. He was encadred in O.M.G. On 9-10-1977.
According to the learned counsel for the petitioner, on encadrement in O.M.G. His seniority was governed by rule 12 of the O.M.G. Rules 1975 read with rule 13 of the CSS Rules, 1965. It is contended that in violation of the rules, the Establishment Division has fixed his seniority with effect from 9-10- 1977. He made a representation for determination of his seniority and promotion. It was rejected by the authorities. He filed an appeal before the Federal Service Tribunal which was dismissed on 21- 12-1988. Hence this petition for leave to appeal from the aforesaid judgment of the Federal Service Tribunal.
2. We have heard the learned counsel for the petitioner. The following points of law require determination:--
(i) Whether Rule 12(b)(i) & (ii) of the OMG Rules deal with inter se seniority of various categories and not with the date of start of seniority.
(ii) Whether under rule 13 of the CSS Rules, the petitioner's seniority should start from 1-10-1959, the date of his "continuous appointment" as Section Officer.
(iii) Whether rule 12(b) or 12(c) of the OMG Rules would apply to determine the seniority of the petitioner and if so, from which date he will be considered for the purpose of his seniority.
(iv) Whether the seniority fixed by the department is contrary to OMG Rules read with CSS Rules and violative of proviso to section 23 of the Civil Servants Act.
3. Leave is granted. The appeal to be made ready on the present record with liberty to the parties to file all such additional documents as they may desire.