March 28, 2006	Tuesday	Safar 27, 1427

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ISLAMABAD, March 27: Federal Service Tribunal on Monday observed that seniority lists of different cadres could not be merged, as it would violate the rights of the employees.

The tribunal comprising Chaudhry Ilyas and Saeed Zaidi made this observation in a case filed by Muhammad Hanif against Wapda.

Counsel for petitioner Ramzan Khan told this reporter that the tribunal while admitting the petition for hearing said once a seniority was declared a junior could not be made senior by granting him selection grade.

The tribunal further stated that any subsequential benefit on the basis of wrong seniority list, like promotion, was not justified in the eye of law.

The petitioner had challenged promotions in Wapda.

The counsel for petitioner pleaded that selection grade cannot be equated to regular scale.

In another case, FST Chairman Justice Arif Chaudhry observed that without show-cause, personal hearing and regular inquiry in pursuance of Wafaqi Mohtasib order was unjustified.

He stated this while hearing a petition by Amjad Shehzad against Pakistan Institute of Medical Sciences.

Mr Shehzad was recruited by Pims as a gas cylinder operator and worked against this position for a year and a half. Someone challenged his appointment in the Wafaqi Mohtasib, which revoked his selection and ordered his removal from service.

Pims management subsequently fired him without regular inquiry and personal hearing.

In another case filed by Hamid Khan against Wapda, FST imposed Rs2,000 fine on a superintending engineer for failing to reply to tribunal’s notice.

The tribunal further directed him to appear on the next date of hearing of case and asked him to state why he should not be proceeded against under CPC.

Hamid Khan had moved FST for contempt of court on the grounds that Wapda had failed to implement the tribunal’s decision. The SE did not respond to the tribunal notice.