1998 PLP 2733 (SCMR)
ZAMEER HUSSAIN‑‑‑Petitioner Versus MUJEEB‑UR‑REHMAN and others‑‑‑Respondents
| Citation | 1998 PLP 2733 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian and Fazal 1lahi Khan, JJ |
| Parties | ZAMEER HUSSAIN‑‑‑Petitioner Versus MUJEEB‑UR‑REHMAN and others‑‑‑Respondents |
| Primary Law | Civil Servants Act (LXXI of 1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 2733 (SCMR)?
This judgment primarily cites: Civil Servants Act (LXXI of 1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 2733 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian and Fazal 1lahi Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 2733 (SCMR) (ZAMEER HUSSAIN‑‑‑Petitioner Versus MUJEEB‑UR‑REHMAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 6th November, 1995.
- Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
- 2. We have heard Mr. Muhammad Munir Peracha, learned Advocate Supreme Court for the petitioner, and we are inclined to grant leave to consider the following questions:--
Headnotes / Summary
(On appeal from the judgment dated 26‑4‑1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No.475(R) of 1994). ‑‑‑‑S. 8‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Seniority‑‑‑Civil servant's claim of seniority over petitioner was allowed by Service Tribunal‑‑ Validity‑‑‑Leave to appeal was granted to petitioner to consider; whether seniority list placing petitioner senior to civil servant (respondent) upon his . representation acquired finality; and whether the factum, that in lower cadre, petitioner was placed senior to civil servant (respondent) entitled him to be shown as senior to civil servant by virtue of proviso to S. 8(4), Civil Servants Act, 1973.
Judgment & Decree
AJMAL MIAN, J.
This is a petition for leave to appeal against the judgment dated 26-4-1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No.475(R) of 1994 filed by respondent No. l claiming seniority over the petitioner in the cadre of U.D.C., allowing the same. The petitioner has, therefore, filed the present petition for leave to appeal.
2. We have heard Mr. Muhammad Munir Peracha, learned Advocate Supreme Court for the petitioner, and we are inclined to grant leave to consider the following questions:-- (i) Whether the seniority list dated 25-1-1989 placing the petitioner senior to respondent No. l upon his representation acquired finality? and (ii) Whether the factum, that in the lower cadre, namely, L.D.C. the petitioner was placed senior to respondent No.1, entitled him to be shown as senior to respondent No.1 by virtue of proviso to [ subsection (4) of section 8 of the Civil Servants Act, 1973. Leave is, accordingly, granted. A.A./Z-12/S Leave granted.