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Who is Senior in Case of the Abolition of a Department?
FST, Karachi has been issued the judgment on 18/04/2013
Mr. Mehrajuddin, AAO AGPR (Sub_Office) Karachi VS
AGP, CGA, AGPR, Mr. Shafiq Khalid (Appeal No. 285-&126K-CS-2006-2011)Federal Service Tribunal has made a decision on 29-04-2013 regarding the seniority of the employee whose department has been abolished and the employee has been adjusted into other department. The summary of the case is as under:
The Director of Audit,Industries,Supplies & Foods Karachi (DAIS&F), an audit office, was abolished w.e.f 31-10-2002 by the Auditor General of Pakistan and the posts/Assets were distributed amongst seven different Audit & Accounts offices for better utilization & staff was transferred on the basis options. During January 2002 an amendment 4-A was made in the Civil Servant Rules 1993 by the Estt. Div. for the determination of seniority in the event of merger. In order to support/facilitate to the staff of defunct DAIS&F the seniority list was prepared by the Govt. Respondents under Rule 4-A instead of Rule 4 which was challenged by the undersigned & after the fight of 12 1/2 years the case has been decided through this judgment.
According to Rule 4-A, in the event of merger of Ministries, Divisions, Attached Departments or Sub-Ordinate Offices, the inter se Seniority of Civil Servants, other than those belonging to regularly constituted Occupational Groups and Services, shall be determined in accordance with the date of regular appointment to a cadre or post.
During 12 1/2 years the case was 4 times heard in Sindh High Court. C.P. filed by the staff of defunct DAIS&F 2 times dismissed & review was also dismissed by the Sindh High Court., C.P.filed by the Mehrajuddin A.A.O. of A.G.P.R. was disposed off with same directions. Service Appeal filed by the undersigned was 3 times decided by the F.S.T. & 2 times remanded by the Supreme Court of Pakistan firstly on the C.P./C.A. filed by the staff of defunct DAIS&F and secondly on the C.P./C.A. filed by the undersigned with the direction to decide with the pending appeal of Mehrajuddin. The case is lingered on for 12 1/2 years in the courts due to malafidely support of Govt. Respondents with the staff of defunct DAIS&F. This detail is delivered by Abdul Rasheed Memon, Accounts Officer A.G.P.R. presently on deputation as Federal Treasury Officer Karachi.
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