ZAMEER HUSSAIN vs MUJEEB-UR-REHMAN and others
This is a petition for leave to appeal directed against the judgment of the Federal Service Tribunal, Islamabad, which allowed an appeal filed by respondent No. 1 claiming seniority over the petitioner in the cadre of Upper Division Clerk (U.D.C.). The core legal questions concern whether a seniority list placing the petitioner senior to respondent No. 1 upon representation acquired finality, and whether being placed senior in the lower cadre of Lower Division Clerk (L.D.C.) entitled the petitioner to seniority in the higher cadre by virtue of the proviso to subsection (4) of section 8 of the Civil Servants Act, 1973. The Supreme Court granted leave to appeal to consider these questions. The key principle laid down relates to the determination of civil servant seniority in promotional cadres based on lower cadre positions and the finality of seniority lists.
- Whether the seniority list placing the petitioner senior to respondent No. 1 upon his representation acquired finality?
- Whether the factum of being placed senior in the lower cadre of L.D.C. entitled the petitioner to be shown as senior to respondent No. 1 by virtue of proviso to subsection (4) of section 8 of the Civil Servants Act, 1973?
- Section 8(4), Civil Servants Act 1973
ORDER
' AJMAL MIAN, .J.---This is a petition for leave to appeal against the judgment dated 26-4-1995 of the Federal Service Tribunal, Islamabad, passed in. Appeal No,475(R) of 1994 filed by respondent No,1 claiming seniority over the petitioner in the cadre of U.D.C., allowing the same. The petitioner has, therefore, filed the present petition for leave to appeal.
2. We have heard Mr. Muhammad Munir Peracha, learned Advocate Supreme Court for the petitioner, and we are inclined to grant leave to consider the following questions:--
(i) Whether the seniority list dated 25-1-1989 placing the petitioner A senior to respondent No,1 upon his representation acquired finality? And
(ii) Whether the factum, that in the lower cadre, namely, L.D.C. The petitioner was placed senior to respondent No,1, entitled him to be shown as senior to respondent No,1 by virtue of proviso to subsection (4) of section 8 of the Civil Servants Act, 1973.
' Leave is, accordingly granted.