2014 PLP 1147 (SCMR)
MUHAMMAD ASLAM AWAN, ADVOCATE SUPREME COURT — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2014 PLP 1147 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani, C.J., Nasir-ul-Mulk, Anwar Zaheer Jamali, Asif Saeed Khan Khosa and Ejaz Afzal Khan, JJ |
| Parties | MUHAMMAD ASLAM AWAN, ADVOCATE SUPREME COURT — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2014 PLP 1147 (SCMR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 1147 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani, C.J., Nasir-ul-Mulk, Anwar Zaheer Jamali, Asif Saeed Khan Khosa and Ejaz Afzal Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 1147 (SCMR) (MUHAMMAD ASLAM AWAN, ADVOCATE SUPREME COURT — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zaka ur Rehman, Advocate Supreme Court for Petitioner.
- Date of hearing: 6th May, 2014.
- MUHAMMAD ASLAM AWAN, ADVOCATE SUPREME COURT---Petitioner
- Salman Aslam Butt, Attorney-General, Kh. Saeed uz Zafar, Additional Attorney-General, Sajid Ilyas Bhatti, Deputy Attorney-General and Waqar Rana, Advocate Supreme Court, Consultant to Attorney-General on Court Notice.
Headnotes / Summary
(Constitution Petition under Article 184 of the Constitution regarding seniority of the Judges of Lahore High Court, Lahore)
Arts. 193, 197 & 184(3)
Constitutional petition under Art. 184(3) of the Constitution regarding inter se seniority of the Judges of the (Lahore) High Court
Inter se seniority of Judges of the High Court
Inter se seniority of Judges of a High Court shall reckon from the order and date of their appointment as Additional Judges of that Court
Inter se seniority of Additional Judges of a High Court appointed vide the same order and date shall reckon from their seniority in age
If appointment of two or more service candidates was simultaneously made with that of the candidates from the Bar, the Judges from service shall retain their existing seniority in the department regardless of their age, though that would be the determining factor in respect of their seniority vis-a-vis the candidates from the Bar
Supreme Court observed that such principle had consistently been followed without exception ever-since the establishment of the High Courts in the country and was even otherwise in accord with the equitable dispensation of justice
Constitutional petition was dismissed accordingly. Salman Aslam Butt, Attorney-General, Kh. Saeed uz Zafar, Additional Attorney-General, Sajid Ilyas Bhatti, Deputy Attorney-General and Waqar Rana, Advocate Supreme Court, Consultant to Attorney-General on Court Notice.
Judgment & Decree
TASSADUQ HUSSAIN JILLANI, C.J.
For reasons to be recorded to be recorded later in the detailed judgment, we hold and declare as under:-- (i) that the inter se seniority of Judges of a High Court shall reekon from the order and date of their appointment as Additional Judges of that Court. (ii) that the inter se seniority of Additional Judges of a High Court appointed vide the same order and date shall reekon from their seniority in age. If appointment of two or more service candidates is simultaneously made with that of the candidates from the Bar, the service Judges shall retain their existing seniority in the department regardless of their age, though that would be the determining factor in respect of their seniority vis-a-vis the candidates from the Bar. This principle has consistently been followed without exception ever-since the establishment of the High Courts in Pakistan and is even otherwise in accord with the equitable dispensation of justice.
2. With the above observations and declaration, this petition is dismissed. MWA/M-21/SC Petition dismissed.