KASHIF AFTAB AHMED ABBASI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad Rr

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KASHIF AFTAB AHMED ABBASI VS FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad Rr. 5 & 11---Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990, R. 7---Seniority, determination of---Civil servant inducted on reserved quota of Armed Forces joining Common Training Programme (CTP) after a delay of several years---In the present case while performing his duties as Lieutenant in the Navy, petitioner was appointed ADC to the Provincial Governor---During the posting, the petitioner was given an option to join Federal Civil Service---Petitioner joined the selection process and on the recommendations of the Federal Public Service Commission, he was inducted in the Police Service of Pakistan in BS-17---Petitioner was called upon to undertake 35th Common Training Program (CTP) but the Provincial Governor refused to relieve the petitioner and requested for his deferment---Petitioner was deferred every year on the requests of Governor Sindh till 2015---Eventually the petitioner joined 43rd CTP and his inter se seniority was fixed with 43rd CTP---Petitioner claimed antedated seniority from 2007 with 35th CTP members of service---Held, that record reflected that on recommendation of the Federal Public Service Commission, the competent authority issued an offer letter to the petitioner on 31-08-2007 for his induction in the Police Service of Pakistan in BS-17 on certain terms and conditions of service which, inter alia, provided that the petitioner was required to qualify every examination to the satisfaction of the head of training/ Educational Institution where he shall undergo training---So far as the seniority was concerned, it was clearly mentioned in the offer letter that the seniority of the petitioner in the group/service shall be determined by the appointing authority after the final passing out of examination in accordance with Rule 7 of the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990---Petitioner was being continuously called upon to join Common Training Programme (CTP) but on continuous requests of his deferment the matter lingered on---Completion of training was mandatory which the petitioner failed to join until 43rd CTP---Claim that though the petitioner was willing to join CTP but under some compelling circumstances, he was prevented and his continuous deferments were being asked without his consent or unwillingness, was beyond reasonable comprehension---Nothing was placed on record to show that he ever raised any objection or demur that he wanted to join training rather than enjoy the post of ADC---Nothing was placed on record to show that he ever requested the Provincial Governor to release him for joining CTP---Keeping in view his complete silence at least for eight deferments, the possibility could not be ruled out that the deferments were requested and allowed with his consensus and acquiescence---Petition for leave to appeal was dismissed and leave was refused.

KASHIF AFTAB AHMED ABBASI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad Rr — 2022 PLC(CS) 1319 SUPREME-COURT

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