The Punjab Service Tribunal, Lahore issued its judgment sheet on 30-09-2016 in connection with Including Previous Service & Seniority of Contract Employees in Punjab.
IN THE PUNJAB SERVICE TRIBUNAL, LAHORE
Appeal No. 3732, 3735 and 3736 of 2015
- Asad Abbas Magsi, Section Officer, Agriculture Department Government of the Punjab, Agriculture department Lahore
- Mst, Naila Tayyab, Section Officer (Admin-I) Government of the Punjab Agriculture department, Civil Secretariat Lahore
- Mst, Shafq Saleem, Section Officer (On Leave) c/o Services and General administration department Government of the Punjab Civil Secretariat Lahore
- Additional Chief Secretary, Government of the Punjab , Civil Secretariat , Lahore
- Chief Secretary, Government of the Punjab Civil Secretariat Lahore
- Masud Ahmad Riaz Advocate.
(Appeal No 3732/2015)
- Mian Inam ul Haq Advocate.
(Appeal No 3735/2015 and 3736/2015)
- Hamad Mahmood Khatana, DA
- Javed Hussain, Law Officer D.R
- Rameez Zafar, Section Officer (Admin –IV) S&GAD, D.R
Date of Hearing: 29-6-2016, 30.6.2016 and 8.9.2016
Date of Decision: 30.9.2016
JAWAD-ULHASSAN, MEMBER-I:- Since common question of law and facts are involved in the above titled three appeals, therefore, I intend to dispose of the same by consolidated judgment as all the services) rules, 1974. No wisdom and reason were found why both the conditions of probation as contained in section 5 of the Punjab civil servants act, 1974 and rule 7 of the Punjab civil servants (A and C of services) rules, 1974 and PMS (Probationers) training, final passing out examination and seniority rules, 2012 and such reasons were not explained by the department as found and held in the preceding paragraph, the PMS (Probationers) Training, Final Passing out examination and seniority Rules, 2012 are not applicable in case of appellant, therefore, the conditions are contradictory in nature which violates the mandate of law i-e section 5 of PCS act, 1974 and rules framed thereunder.
The condition (iii) as attached with the appointment letter restrict that the Appellants cannot claim any benefits including the seniority for the period of their contractual appointment. Likewise, the condition as contained in item No. Viii regarding excluding the period of their contract appointment for the purpose of pension, gratuity, leave etc. The “Seniority” of a Civil servant is actually an advantage that he gets by working for provincial government for a long time. In a widely celebrated judgment the honourable Supreme Court of pakistan Muhammad Aslam Awan Advocate Supreme Court Vs. Federation of pakistan (see 2014 SCMR 1289 at page 1312 in paragraph 31) held as under:
“We find that even in service matters, while considering the seniority of civil servants, the seniority is reckoned from the date of initial appointment and not from the date of confirmation or regularization”
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