MUHAMMAD SALEEM SADDOZAI vs CHAIRMAN, P.O.F., WAH And 2 Other
The petitioner sought leave to appeal against the judgment of the Federal Service Tribunal, which dismissed his service appeal regarding seniority against respondent No.3. The Tribunal had held that under section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971, respondent No.3 was entitled to count his period of compulsory military service towards his seniority in the Pakistan Ordnance Factories (P.O.F.). Before the Supreme Court, the petitioner contended that section 9-A applied exclusively to employment under the Federal and Provincial Governments and did not extend to services under P.O.F., which constituted neither. The Supreme Court found that this contention required detailed examination and accordingly granted leave to appeal to consider the applicability of the statutory provision.
- Does section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971 apply to service under the Pakistan Ordnance Factories?
- Whether the period served in compulsory armed forces can be counted towards seniority in autonomous or corporate bodies under the Federal Government?
- Does the term service under the Federal Government encompass service under the Pakistan Ordnance Factories for the purpose of seniority computation?
- Section 9-A, Compulsory Service in the Armed Forces Ordinance, 1971
ORDER
1. SAIDUZZAMAN SIDDIQUI; J.---The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal dated 7-5-1995 whereby the learned Tribunal dismissed the service appeal of the petitioner.
2. The dispute before the learned Tribunal in the service appeal related to seniority. Between the petitioner and respondent No.3. The learned Tribunal held that in view of section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971, respondent No.3 was entitled to count the period from 6-3-1982 to 12-12-1984 when he was called for compulsory service of army towards his seniority in service in P.O.F. The learned Tribunal, accordingly, held that Departmental Authority rightly treated respondent No.3 as senior to the petitioner.
3. In seeking leave to appeal, the learned counsel for the petitioner contended that section 9-A (ibid) which was added subsequently, applied only to the employment under the Federal and Provincial Government in Pakistan. This section did not apply to the service under P.O. F. Which was neither a service under the Federal Government nor Provincial Government. The contention raised by the learned counsel requires examination and we, accordingly, grant leave to appeal to consider the same. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.