Pakistan Case LawQazi ABDUL ALI Versus ABDUL RAZIQ and another
The petitioner, a Forest Ranger, sought leave to appeal against a judgment of the Balochistan Service Tribunal, which had dismissed his appeal regarding seniority over respondent No. 1. The dispute arose from the selection process for the Assistant Conservator of Forest (Grade 17) course. Although the petitioner secured the first position on merit in the competitive examination, the Balochistan Public Service Commission initially recommended respondent No. 1, citing zonal allocation policies, before later selecting the petitioner for a second sanctioned vacancy. Both candidates subsequently completed the course and were appointed as Assistant Conservators of Forest. A final seniority list was issued in 1989, but in 1991, the government issued a notification declaring respondent No. 1 senior to the petitioner. The petitioner challenged this, arguing that seniority should be determined by merit rather than zonal allocation. The Supreme Court granted leave to appeal, noting that the issues regarding the Commission's authority to deviate from merit-based selection and the subsequent determination of seniority based on those selections required judicial consideration.
- Can a Public Service Commission deviate from an open merit selection process to apply zonal allocation policies after the examination has concluded?
- Does the determination of seniority in the civil service depend on the initial merit ranking in a competitive examination or on subsequent administrative reclassifications?
- Is a government notification superseding a final seniority list valid if it contradicts the established merit-based selection criteria for the initial appointment?
ORDER
SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the Balochistan Service Tribunal whereby his appeal claiming seniority against respondent No, 1 was dismissed.
2.The petitioner joined service as Forest Ranger on 8-10-1973. Respondent No, 1 joined in the same capacity on 1-10-1974. Both of them were later confirmed as Forest Rangers. The Government of Balochistan made a requisition in or about March 1982 through the Balochistan Public Service Commission to fill in one post of Assistant Conservator of Forest (Grade 17) on qualifying Superior Forest Service Course 1982-84 in Pakistan Forest Institute, Peshawar on the scholarship to be provided for by the Government.
It was specifically provided that the post was not to be filled in on zonal basis. The Balochistan Public Service Commission accordingly issued a public notice inviting applications in which it was also clearly mentioned that the post to be filled in was open merit seat and was not required to be filled in zonal allocation basis. Out of eight applicants, six were admitted to competitive examination, but only three candidates appeared and as a result petitioner and respondent No, 1 qualified the written examination as also viva voce. On merit petitioner was at No, 1, while respondent No, 1 was on No, 2. However, the Balochistan Public Service Commission by letter dated 25-9-1982 recommended respondent No, 1 for the course mentioning the selection to be on zonal allocation for Quetta Division. The reasoning given was that in the previous selection one vacancy of Qalat Division was occupied by a candidate of Quetta Division, which was being restored in accordance with the old recruitment policy. The Commission further recommended that one more vacancy be got sanctioned for the course and the petitioner may be deputed for M. Sc. Course for 1982-84. Thereafter, the Government by its letter dated 6-10-1982 communicated to the Balochistan Public Service Commission that one more vacancy had been got sanctioned in the course. The Commission by letter dated 9-10-1982 selected the petitioner at merit No, 1 stating that he had been selected on zonal allocation against the seat of Quetta City. The petitioner and respondent No, 1 joined the M.Sc. Forestry Course where the petitioner stood at serial No, 1 in the First Division obtaining 1951 marks while respondent No, 1 was placed in the second division. On 6-3- 1985, petitioner and respondent No, 1 were appointed as. Assistant Conservator of Forest on probation for a period of two years. Both successfully qualified the probationary period and stood confirmed as Assistant Conservator of Forest prescribes period of 30 days. After about one and a half year of issuance of final seniority list dated 12-7-1989, notification dated 10-1-1991 was issued by the respondent Government whereby respondent No, 1 was declared senior to the petitioner in supersession of the seniority list issued earlier. The petitioner filed a departmental appeal but as no decision was communicated, he filed appeal before the Balochistan Service Tribunal, which was dismissed by the impugned judgment.
3.The learned counsel for the petitioner contended that the Balochistan Public Service Commission could not have recommended respondent No, 1 as principal candidate and relegated the petitioner to be selected on zonal basis. It was further contended that according to the Service Rules, seniority was to be determined on merit basis and as the petitioner was undisputedly more meritorious than respondent No, 1, he could not have been superseded. These questions inter alia require consideration. Leave is granted.
Judges on this bench
- Abdul Qadeer Chaudhry1,248 judgments
- Ajmal Mian2,984 judgments
- Saleem Akhtar1,928 judgments