KHALID PERVEZ vs SECRETARY, ESTABLISHMENT DIVISION and 51 others
This matter arises from a petition for leave to appeal filed under clause (3) of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973, directed against the judgment of the Federal Service Tribunal. The Tribunal had dismissed the petitioner's service appeal concerning his claim for induction as a Member of the Economists Group from the retrospective date of his regular promotion against an upgraded post, alongside consequential benefits. The Tribunal non-suited the petitioner on the grounds of limitation and the finding that a prior Supreme Court precedent was rendered in personam rather than in rem, thus inapplicable to his case. The core legal questions concern whether the service appeal was barred by limitation and the applicability of the cited Supreme Court precedent to the petitioner's claim for retrospective induction. The Supreme Court granted leave to appeal to examine the efficacy of the Tribunal's observations on both limitation and the applicability of the precedent.
- Whether a service appeal claiming retrospective induction into the Economists Group is barred by limitation?
- Whether a previous judgment of the Supreme Court can be treated as a judgment in rem rather than in personam to form the basis of a precedent in similar service matters?
- Whether an employee can be inducted into a service group with retrospective effect from the date of appointment to an upgraded post?
- Article 212(3), Constitution of the Islamic Republic of Pakistan, 1973
ORDER
' CH. MUHAMMAD ARIF, J.---Through this petition under clause (3) of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973, leave is sought against judgment, dated 5-5-1996 passed by the Federal Service Tribunal dismissing petitioner's Service Appeal against the rejection of his departmental appeal by the Establishment Division vide its 0.M., dated 29-1-1996, on the "- - - that the advice of the Establishment Division, dated 24-9-1989 reproduced in the judgment of the Federal Service Tribunal and the judgment of the Supreme Court" reported as Federation of Pakistan through Secretary, Planning and Development Division, Islamabad v. Muhammad Akram and others (1995 SCM R 1647) was in respect of six appellants of the Ministry of Food and Agriculture and the said advice of the Establishment Division and the judgment of the Supreme Court of Pakistan cannot form basis of a precedent in such other cases.
2. Petitioner's case before the Federal Service Tribunal, 1,ST for short, Islamabad was that he was also entitled to be treated as a Member of the Economists Group from the date of his regular promotion i,e, 26-2-1984 against the upgraded post of the Research Officer (B-17) as ordered by the same competent Authority which had upgraded respondents Nos,3 to 8 with effect from 10-4- 1986 with all consequential benefits. It was turned down by FST for the twin-reason that it was claimed by the petitioner beyond limitation and that such induction cannot be gone ahead with retrospective effect from the date of his appointment to the upgraded post of Research Officer (B- 17) i,e, 28-2-1984 and he having been inducted into the Economists Group with effect from 16-8- 1990, failed to avail for the appropriate remedy/remedies and kept his peace until the induction of respondents Nos,3 to 8 retrospectively, in view of the aforementioned precedent of this Court which was not a judgment in rem but in personam.
3. We have considered the arguments advanced by the petitioner in support of this petition and are inclined to grant leave to appeal in the peculiar circumstances of this case to consider the efficacy or otherwise of the observations made by F.S.T. For non-suiting the petitioner on both the points i,e, limitation and applicability of this Court's judgment reported in (1995 SCM R 1647) to the case of petitioner? Order accordingly.