Armymen’s seniority to continue in civil service: SC verdict on induction issue
By Rafaqat Ali
ISLAMABAD, Dec 18: The Supreme Court has ruled that a person inducted in the civil service after his release from army would be entitled to claim the period of his service in army, and his seniority in the civilian department would be determined keeping in view of the period of service in his parent department.
The Supreme Court, which had reserved the judgment, announced it on Wednesday. It laid down the principle which would affect a large number of bureaucrats due to a large number of inductions from army in civilian departments.
The judgment, authored by Chief Justice Shaikh Riaz Ahmad, would override the judgment of the same court delivered in 1991 in the same case.
The SC, in its judgment in 1991 (PLD 1991, SC 35), had examined the same case and came to the conclusion that the petitioner was not entitled to get the seniority from the date of his service in the army.
In the light of the SC judgment, the then Punjab governor, in relaxation of rules, had allowed the present petitioner service in the civilian department from the date of his induction in army.
The petitioner, however, managed to reopen the case in 1999 and got the judgment in his favour on Wednesday. The petitioner, who was on serial number 125 of seniority list would now land to a place between serial No. 2 and serial No 3.
Captain Abdul Qayyum (retired), the petitioner, had joined the Army Corps of Engineers in 1969 for the project relating to the construction of Karakuram Highway.
He was released from the army in 1975 and appointed as Assistant Engineer in the Communication and Works Department, Punjab. The then governor, in relaxation of rules of the Punjab Public Service Commission, held that the period of his service in the army should be counted in his civilian job.
When the matter was challenged by those who were affected by the governor’s decision, the Supreme Court had held (PLD 1991 SC 35) that the governor had no power to grant such benefit as the seniority was the vested right of a bureaucrat under the Punjab Civil Servants Act 1974.
The apex court had held that if the petitioner had done some meritorious service during his job, the government was free to decorate him with medals or with monetary benefits but was not free to disturb the seniority list.
The previous judgment was authored by Justice Shafiur Rehman.
The SC in its recent judgment said that in earlier judgment, the judges had not considered the effects of section 9A of the Compulsory Service in the Armed Forces (amendment) Ordinance 1978.
The SC said that appellant Capt Qayyum (retired) was not inducted from backdoor nor it could be assumed that seniority assigned to him by the governor was unjust or unfair.
The court held that the exercise of power by the Governor of Punjab under section 22 of the Civil Servants Act 1974 could not be said to be colourable exercise of powers.
The court observed: “We may venture here to state that the appellant had rendered services in the Pakistan Army dedicatedly like doctors and was entitled to the benefit of whole of such service after release from the Armed Forces. There is nothing odd, or unjust or unfair for conferring such benefit towards seniority.”
The court held that insertion of the words “other essential services” in section 9A by virtue of 1984 amendment in 1971 Ordinance is nothing but recognition of the principle of fairness that a person who joins a civilian department after release from the army is entitled to the service benefit.
“We are of the view that the appellant is entitled to have his seniority as Assistant Engineer with effect from 21.10.1969 as ordered by the Governor and further implemented by the Department vide secretary C&W order dated 6.6.1989 by re-fixing his seniority as XEN at serial No 31-A of the seniority list dated 1.1.1988.”
