MUHAMMAD HANIF And Another vs SECRETARY, MINISTRY OF EDUCATION And Other
This matter concerns two petitions for leave to appeal against a judgment of the Federal Service Tribunal, which dismissed the petitioners' appeals regarding their seniority status. The petitioners, recruited as Research Scholars (Grade 17) in the Islamic Research Cell of the Ministry of Education, challenged the exclusion of their names from the seniority list of Education Officers. While one member of the Tribunal supported the petitioners' claim, the majority held that the post of Research Scholar was an ex-cadre position, thus justifying their exclusion from the seniority list. Upon review, the Supreme Court noted that the Tribunal was divided on the issue, creating a significant legal controversy regarding the classification of the petitioners' posts and their entitlement to seniority alongside other officers inducted under the same scheme. Consequently, the Supreme Court granted leave to appeal to determine whether the respondent department was legally justified in treating the petitioners differently from other officers inducted into service under the same initiative. The Court directed that the appeals proceed on the existing record with the liberty to file additional documents.
- Whether the post of Research Scholar in the Ministry of Education constitutes an ex-cadre post for the purpose of seniority determination?
- Is the respondent department justified in treating officers inducted under the same scheme differently regarding their placement on a seniority list?
ORDER
AJMAL MIAN, J.---By this common order, we intend to dispose of the above two petitions for leave to appeal as they -are directed against the judgment dated 4-12-1988 of the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, passed in Appeals No.351(R)/85 and 352(11)/85 filed by the petitioner, dismissing the same in view of the majority opinion.
2. The facts to be noted are that in pursuance of recommendations on reshaping of education on the principles and aims of education as defined in Islam made in the First World Conference on Muslim Education held in 1977, it was decided to create an Islamic Research Cell in Pakistan attached to the Education Ministry (later on it was named as Islamic Education Sector in 1982 as a result of reorganisation of the Ministry of Education), for carrying out in depth study of the concept of Islamic education. In consequence whereof, a number of posts were created mentioned in Letter No.F.2-5/78 Admn.-I, dated 7-12-1978 of the Ministry of Education which inter alia included two Assistant Educational Advisors (G-18) and two Research Scholars (G-17). The petitioners were recruited as Research Scholars (G-17) on the recommendation of F.P.S.C. On 3-8-1981. Thereupon, they joined the service in the same month. It appears that the Ministry of Education prepared seniority list of Education Officers but the petitioners' names were not included. They made representation, they filed appeals without success. After that, they filed aforesaid service appeals which were heard by the Tribunal comprising of the Chairman and two Members. It appears that the Member of the Tribunal, who was assigned the writing of judgment, gave his opinion in favour of the petitioners by holding that there was no reason to treat the petitioners differently from the other officers who were taken in pursuance of the aforesaid creation of the Islamic Research Cell in the Ministry of Education, but the Chairman and the other Member took a contrary view and held that the post of Research Scholar was ex-cadre post and, therefore, the petitioners' names were not rightly included in the seniority list. The. Petitioners have, therefore, filed the above petitions for leave to appeal.
3. We have heard Mr. M.S. Siddiqui, learned A.S.C. Appearing for the petitioners, and in our view the matter requires further consideration as even the Members of the Tribunal were divided on the issue. We would, therefore, grant leave to consider, whether the respondent department was justified in treating the petitioners differently than the other officers who were inducted into service in pursuance of the aforesaid creation of Islamic Research Cell. Leave is accordingly granted.
The appeals shall be prepared on the basis of the present record with the direction to the parties to file additional documents, if necessary, for the disposal of the appeals.