Dr. GHULAM AKBAR KHAN NIAZI vs SECRETARY, ESTABLISHMENT DIVISION and others
This matter arises from a petition for leave to appeal against the judgment of the Federal Service Tribunal dated 28-2-1990, which dismissed the petitioner's appeal regarding a seniority dispute. The petitioner, appointed as an Assistant Education Adviser on the recommendation of the Federal Public Service Commission, challenged the retrospective absorption and resultant seniority of private respondents who were brought on deputation and absorbed into service. The core legal questions concern whether the President can deal with a group of civil servants under section 23 of the Civil Servants Act in a manner that adversely affects another civil servant, and whether a civil servant's appointment can be regularized from a date prior to the approval of the Federal Public Service Commission. The court granted leave to appeal to examine these questions.
- Can the President deal with a group of civil servants in exercise of powers under section 23 of the Civil Servants Act in a manner that adversely affects another civil servant?
- Whether the appointment of a civil servant can be regularised from a date earlier than the date from which the Federal Public Service Commission approves his name?
- Section 12-A, Civil Servants Act 1973
- Section 23, Civil Servants Act 1973
ORDER
' ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the judgment of the Federal Service Tribunal dated 28-2-1990.
2. The petitioner was appointed as Assistant Education Adviser in Grade 18 on the recommendation of Federal Public Service Commission and he assumed his duties on 14-7-1974. The respondents No, 3 and 8 were serving in different capacities in different Provinces. They were brought on deputation to the Ministry of Education against posts of Assistant Education Advisers. By different notifications, they were absorbed retrospectively with effect from 28-12-1974. The table below shows their particulars of service:-- {{TABLE}} Name Date of Deputation Date of Absorption Date of Notification for Absorption.
(1) (2) , (3) (4)
Mr.Abdul Aziz Memon 6-11-1972 28-12-1974 3-3-1975 Mr.Shahzada Hasan 30-1-1973 28-12-1974 3-3-1975 Mr.M. Iqbal Gil 17-3-1973 28-12-1974 25-4-1975 Mr. Zafar Saeed 22-3-1973 28-12-1974 28-12-1976 Mr.S.Maqbool Waris 18-4-1973 28-12-1974 26-4-1975 Mr. M.H. Qureshi 3-11-1973 28-12-1974 26-4-1975 {{TABLE}}
3. On 3-7-1980 the Civil Servants Act, 1973 was amended and section 12-A was inserted therein. This section authorises the President or his nominee to remove from service or revert to a lower post a civil servant who was appointed between the period 1-1-1972 to 5-5-1977. The President constituted a Review Board to consider the cases of appointees of the aforesaid period.
4. On 21-6-1984 a final seniority list of Assistant Education Advisers was circulated wherein the petitioner was shown junior to respondents No, 3 to 8. He made a departmental representation which was not responded to. Therefore, he approached the Federal Service Tribunal. The learned Tribunal did not accept the petitioner's contention that he was senior to respondents No, 3 to 8 and that the seniority list should be amended. It dismissed the appeal of the petitioner.
5. We have heard the learned counsel for the petitioner. The points for consideration are: whether
(i) the President can deal with a group of civil servants which adversely affects any other civil servant in exercise of his powers under section 23 of the Civil Servants Act, and (ii) whether the appointment of a civil servant can be regularised from a date earlier than the date from which the Federal Public Service Commission approves his name.
' Leave is granted.