SCMR 1994

1994 PLP 1667 (SCMR)

CHIEF SECRETARY, PUNJAB and 2 others‑‑Petitioners Versus Sardar RIAZ ALI‑‑Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petition for Leave to Appeal No. 834‑L of 1992, decided on 15th December, 1993.
Honorable Judges
Sand Saood Jan, Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ
Case Reference Summary (AEO Optimized)
Citation 1994 PLP 1667 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Sand Saood Jan, Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ
Parties CHIEF SECRETARY, PUNJAB and 2 others‑‑Petitioners Versus Sardar RIAZ ALI‑‑Respondent
Primary Law Constitution of Pakistan (1973)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1994 PLP 1667 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1994 PLP 1667 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sand Saood Jan, Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1994 PLP 1667 (SCMR) (CHIEF SECRETARY, PUNJAB and 2 others‑‑Petitioners Versus Sardar RIAZ ALI‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)‑‑‑

Representation

  • Najmul Hassan, Assistant Advocate‑General, Punjab, Gulzar Ahmad Qureshi, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate‑on‑Record for Petitioners.
  • Nemo for Respondent.
  • Date of hearing: 15th December, 1993.

Headnotes / Summary

(From the judgment/order of Punjab Service Tribunal, Lahore, dated 29‑6‑1992 in Appeal No. 142 of t992). ‑‑‑‑Art. 212(3)‑‑‑Seniority‑‑‑Service Tribunal allowing seniority to civil servant (Naib‑Tehsildar) from the date he was included in the list of candidates for the said post‑‑‑Validity‑‑‑Leave to appeal was granted to consider whether under the relevant rules civil servant could count his seniority only from the date since when he had been continuously holding the post of Naib‑Tehsildar and not from the date he was included in the list of candidates for the said port. ORDER SAAD SAOOD JAN, J.‑‑‑The respondent has been allowed by the Punjab Service Tribunal seniority from 7‑4‑1955, that is, the date on which his name was placed on the list of Naib‑Tehsildar candidates in the Old Bahawalpur State. In support of this petition it is, inter alia, contended that under the relevant rules the respondent could count his seniority only from the date since when he had been continuously holding the post of Naib‑Tehsildar and not from the date he was included in the list of candidates for the said post. It is also stated that the order of the learned Tribunal has, the effect of 'disturbing the seniority of about a hundred officers who were not parties before the Tribunal. The contention raised in support of this petition need examination. Leave to appeal is granted. The order of the learned Tribunal is suspended in the meanwhile. AA./C‑134/S Leave granted.

Judgment & Decree

SAAD SAOOD JAN, J.‑‑‑The respondent has been allowed by the Punjab Service Tribunal seniority from 7‑4‑1955, that is, the date on which his name was placed on the list of Naib‑Tehsildar candidates in the Old Bahawalpur State. In support of this petition it is, inter alia, contended that under the relevant rules the respondent could count his seniority only from the date since when he had been continuously holding the post of Naib‑Tehsildar and not from the date he was included in the list of candidates for the said post. It is also stated that the order of the learned Tribunal has, the effect of 'disturbing the seniority of about a hundred officers who were not parties before the Tribunal. The contention raised in support of this petition need examination. Leave to appeal is granted. The order of the learned Tribunal is suspended in the meanwhile. AA./C‑134/S Leave granted.