MUHAMMAD SALEEM SADDOZAI vs CHAIRMAN, P.O.F., WAH And 2 Others
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against the judgment of the Federal Service Tribunal dated 7-5-1995, which dismissed the petitioner's service appeal regarding a seniority dispute between the petitioner and respondent No. 3. The Tribunal had relied on section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971, to hold that respondent No. 3 was entitled to count a specific period of compulsory service towards seniority, making him senior to the petitioner. The core legal question is whether section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971 applies to service under the Pakistan Ordnance Factories (P.O.F.), or is restricted to employment under the Federal and Provincial Governments. The court held that the contention raised by the petitioner's counsel requires detailed examination and granted leave to appeal to consider the matter further. The key principle laid down is that the applicability of statutory provisions regarding seniority and compulsory military service to autonomous or specific statutory bodies requires judicial examination when contested.
- Does section 9-A of the Compulsory Service in the Armed Forces Ordinance, 1971 apply to service under the Pakistan Ordnance Factories?
- Can an employee count the period of compulsory service in the armed forces towards seniority in a corporation or body not strictly under the Federal or Provincial Government?
- 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 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 the 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 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.