DIRECTOR GENERAL, NATIONAL SAVINGS CENTRAL DIRECTORATE OF NATIONAL SAVING 32-N SECTOR G-6, ISLAMABAD vs MUHAMM

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DIRECTOR GENERAL, NATIONAL SAVINGS CENTRAL DIRECTORATE OF NATIONAL SAVING 32-N SECTOR G-6, ISLAMABAD VS MUHAMMAD SULTAN S. 11a--- absorption of civil servants rendered surplus---absorption/induction into service of a person who had not complied with the legal process for recruitment into government service could not confer on him all the rights and fruits guaranteed under the Civil Servants act, 1973. Citation Name: 2021 PLC(CS) 456 SUPREME-COURTBookmark this Case DIRECTOR GENERAL, NATIONAL SAVINGS CENTRAL DIRECTORATE OF NATIONAL SAVING 32-N SECTOR G-6, ISLAMABAD VS MUHAMMAD SULTAN S. 9--- Civil Servants (Seniority) Rules, 1993---Persons/respondents serving in a Ministry devolved after the 18th Constitutional Amendment transferred and subsequently absorbed into Central Directorate of National Savings (CDNS)---Promotion criteria---Scope---Three conditions for the absorption/induction of the respondents into service of CDNS were; firstly, that they shall be absorbed/inducted as 'Marketing Officer' (BS-17); secondly, that they shall not have a right of change of their cadre or for the conversion of their post to the post of National Savings Officer (BS-17); and finally, that their inter-se-seniority against the post of Marketing Officer shall be determined in the light of Civil Servants (Seniority) Rules, 1993---Federal Service Tribunal through the impugned judgment did not modify or invalidate any of the said terms but directed the CDNS to initiate the process of re-designation of the respondents' posts so that they were encadred properly or in the alternative to frame recruitment rules for providing a channel of promotion to them---Question as to whether the respondents were entitled to a channel of promotion in their service of the CDNS as was assured to other officers who were regularly inducted in such service---Held, that conditions/terms of the offer agreed to by the respondents secured for them only the post of Marketing Officers BS-17 until the date of their superannuation; they did not guarantee them a career leading to higher posts in service of the CDNS---Respondents were conferred the status of civil servants, and it was their legal right to be considered for promotion, provided they satisfied the requisites therefor---Such requisites included eligibility by way of educational qualifications and experience, and other prescribed criteria for the higher post---Impugned judgment of the Federal Service Tribunal rightly envisaged that rules be framed by CDNS thereby opening, inter alia, the vista of promotion for the respondents---Said rules may, inter alia, specify the criteria of qualifications, experience, seniority and fitness for the higher post and possibly the number of seats in the cadre for which the respondents may compete---In order to avail career progression through promotion under S. 9 of the Civil Servants Act, 1973, the respondents were obligated to qualify for such a benefit and privilege---For such purpose, CDNS must install an appropriate framework that catered for officers in the respondents' position to be considered for promotion in service by laying down criteria consistent with the law---Appeals were partly allowed accordingly.

DIRECTOR GENERAL, NATIONAL SAVINGS CENTRAL DIRECTORATE OF NATIONAL SAVING 32-N SECTOR G-6, ISLAMABAD vs MUHAMMAD SULTAN S — 2021 PLC(CS) 456 SUPREME-COURT

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