Pakistan Case LawNOOR ALI KHAN Versus THE SECRE CARY, ESTABLISHMENT DIVISION, ISLAMABAD
This matter concerns a petition for leave to appeal regarding the seniority of a civil servant within the District Management Group. The petitioner, appointed in 1982, challenged his placement in the 1993 seniority list, arguing that his position was incorrectly downgraded. The Federal Service Tribunal had previously dismissed his appeal, reasoning that because the petitioner had failed to clear his departmental examination and his promotion was deferred, he could not claim seniority over colleagues who had cleared the examination and were promoted earlier. The Supreme Court granted leave to appeal to specifically examine the legal validity of the Tribunal's finding. The core legal question is whether the deferment of a candidate's promotion due to the failure to clear a departmental examination justifies a permanent loss of seniority, or if the candidate is entitled to retain their original seniority position upon subsequently qualifying the examination. The Court indicated that the deferment of promotion on such grounds should not necessarily disturb the inter se seniority of the candidate, which ought to be retained after the examination is cleared.
- Does the deferment of a civil servant's promotion due to failure to clear a departmental examination justify a permanent loss of seniority?
- Is a civil servant entitled to retain their original inter se seniority after subsequently qualifying the required departmental examination?
ORDER
FAZAL ILAHI KHAN, J.---For the reasons given in the application for restoration of the petition for leave to appeal (CP-29/94), which is supported by affidavit of the learned counsel and the cause- list annexed therewith, the petition is restored, on its old number.
Petitioner appeared in competitive examination held by Federal Public Service Commission in the year 1981 and was appointed in Grade 17, District Management Group, vide letter dated 28th August, 1982. On completion of his academic training he was placed at the disposal of Government of N.-W.F.P. On 6-10-1983 and promoted to B-18 from 10-4-1990 vide notification, dated 24th April, 1994. In the seniority list circulated in 1993 his name figured at serial No,150 instead of 92. Petitioner appealed against the seniority list which was dismissed on 27-6-1993 and communicated to the petitioner on 2-10-1993. His appeal before the Tribunal was also dismissed.
We have heard the learned counsel for the petitioner at great length. Leave is granted, inter alia, to consider; whether the learned Tribunal was legally correct in holding that since the petitioner did not clear the departmental examination and his case having been deferred, therefore, he would not be entitled to claim his old seniority against his colleagues who had already cleared their departmental examination and promoted before petitioner qualified the said examination; though deferment of the candidate promotion on such ground is not to disturb inter se, seniority of the candidate and the same is retained after he qualifies the Departmental examination. A short point being involved the case may be fixed for hearing on the expiry of summer vacations.
Judges on this bench
- Fazal Ilahi Khan582 judgments
- Wali Muhammad Khan585 judgments