Neither any seniority nor any promotion could be claimed or granted without actual length of service on account of vested rights.

Citation Name : 2019 SCMR 349 SUPREME-COURT
Side Appellant : CHAIRMAN, FBR
Side Opponent : MUHAMMAD ASFANDYAR JANJUA
Ss. 8(3) & 9---Civil Servants (seniority ) Rules, 1993, R. 2(3)(b)---Occupational Groups and Services (Probation, Training and seniority ) Rules, 1990, R. 7(1)---seniority , determination of---Question as to whether in cases where length of service was provided for promotion, the time spent in litigation prior to the first appointment of civil servant could be counted towards such length of service---Respondent passed civil services examinations conducted by the Federal Public Service Commission in the year, 1996, however, he was treated to be domiciled of Punjab, instead of Sindh (Urban) and consequently could not be declared successful on account of high merit list of Punjab---Respondent in the year 1997 challenged such treatment by filing a Constitutional petition before the High Court of Sindh, which was allowed upon his furnishing an undertaking that he would not claim the seniority ---Said order was maintained by the Supreme Court and the respondent was finally allowed to proceed for training in Sindh Civil Service Academy from where he passed the mandatory final passing out examination on 1-9-2009---After requisite training and on completion of five years mandatory service, the respondent was promoted from BS-17 to BS-18---Respondent was aggrieved when the Departmental Selection Board in its meeting did not recommend his name for promotion from BS-18 to BS-19 for want of 12 years mandatory service in BS-17 and above, which length of service according to the department, the respondent would complete in future on 26-8-2019---Contention of respondent that it was the Board's fault that he was treated as Punjab domiciled and was declined his due right to join service and was made to litigate for a period of ten years, therefore, he could not be denied the benefit of such promotion, merely for want of length of service---Held, that provision of subsection (3) of S. 8 of Civil Servants Act, 1973 if read in conjunction with R. 2(3)(b) of the Civil Servants (seniority ) Rules, 1993 left no doubt that the seniority of a civil servant on initial appointment to a service, cadre or post had to be reckoned from the date of his joining the post after being recommended by the Selection Authority and not from a date prior thereto---Even Rule 7 of the Occupational Groups and Services (Probation, Training and seniority ) Rules, 1990 empowered the Government to determine the seniority of the probationers after Final Passing Out Examination---No section of law or rule framed thereunder was brought to the court's notice which could empower the Government in cases of initial appointment to fix the seniority of a civil servant from a date prior to his induction in civil service upon successful completion of training---Respondent on account of certain acts or omissions on the part of the Board could not maintain his seniority with officers of his Common Training Programme (CTP) with whom he had cleared CSS examination and neither he completed his necessary training with officer of his CTP nor, he could be inducted in service with them---Remedy to such act or omission at the most could be induction in service by rectifying the wrong---In the present case, no mala fide on the part of the Board has been alleged but, even in cases where such act or omission was found to be tainted with mala fide the remedy could be anything but not seniority without actual length of service---Impugned order of Federal Service Tribunal whereby respondent was given benefit of placement of his seniority with officers of Common Training Programme (CTP) with whom he had cleared CSS examination, was set aside---Appeal was allowed accordingly.


Citation Name : 2019 SCMR 349 SUPREME-COURT
Side Appellant : CHAIRMAN, FBR
Side Opponent : MUHAMMAD ASFANDYAR JANJUA
Ss. 8 & 9---'seniority ' and 'Promotion'---Not vested rights---Neither any seniority nor any promotion could be claimed or granted without actual length of service on account of vested rights.

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