S. SAJJAD HUSSAIN ABID vs THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others
This petition for leave to appeal is directed against the judgment of the Federal Service Tribunal, Islamabad, concerning a dispute over seniority in the Federal Investigation Agency (FIA). The petitioner, who originally joined the Education Department of the Government of Punjab as an Assistant in 1960 and later joined the FIA as a Superintendent in 1975, challenged his assigned seniority date of 4-7-1987, which was based on his permanent absorption date, whereas similarly placed provincial employees who came on deputation were allegedly granted seniority from the date they joined as Superintendents. The core legal question is whether the petitioner was subjected to discriminatory treatment regarding his seniority in comparison to other similarly placed individuals. The Supreme Court granted leave to appeal to consider the question of alleged discriminatory treatment meted out to the petitioner vis-a-vis private respondents, laying down the principle that similarly placed civil servants must not be discriminated against in matters of seniority.
- Whether discriminatory treatment was meted out to the petitioner regarding seniority compared to similarly placed persons?
- From which date should seniority be reckoned for employees permanently absorbed in the Federal Investigation Agency from provincial departments?
ORDER
' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment dated 10-3-1996 passed by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeal No,473-R of 1995.
2. The petitioner originally belonged to Education Department, Government of Punjab, where he joined as Assistant in 1960. His main grievance is that although he had joined Federal Investigation Agency (FIA) as Superintendent in 1975 yet he was given seniority as Superintendent with effect from 4-7-1987 on the ground that he was on deputation and permanently absorbed in F.I.A. On the said date. The petitioner submitted that a number of provincial employees, namely, Ch.Fateh Muhammad, Sh. Naeem, Inayat, Allah Ditta, Firdaus Ali Shah and Yousaf Ali Qureshi, who have come from different departments on deputation, were treated as deputationists and had been given seniority with effect from the date they joined as. Superintendents. It was further submitted that the aforesaid persons were junior in service to the petitioner but they have become senior to him in pursuance of the impugned order.
3. Leave to appeal is granted to consider whether discriminatory treatment has been meted out to the petitioner qua other persons/private respondents similarly placed. 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.