1998 PLP 418 (MLD)

BASHARAT AHMAD SHAIKH, J.

This is an appeal to challenge the order passed by a learned Judge in the High Court on 16th of November, 1996 by which a writ petition filed by respondent Raja Muhammad Asghar was admitted for regular hearing. By the same order status quo was also ordered to be maintained. Mr. Ghulam Mustafa Mughal, the learned counsel for the respondent, raised a preliminary objection that the appeal was not maintainable because it has been filed by Managing Director of the Azad Kashmir Logging and Saw Mill Corporation rather than the Corporation. It was contended by him that entity of the Managing Director is different and distinct from the Corporation which is a corporate body and can sue in its own name. The objection is devoid of force, firstly, because respondent himself has impleaded the Managing Director as one of the three respondents in the writ petition, and, secondly, because there is a specific prayer in the writ petition that the Managing Director may be directed to implement the order passed by the Chairman of Azad Kashmir Logging and Saw Mill Corporation Board on 8th of May, 1996. The writ petition in the High Court has been filed to seek the following reliefs:-- "It is, therefore, very humbly prayed that respondent No.2 may kindly be directed to implement the order of respondent No. 1 dated 8-5-1996. Alternatively, it is prayed that a direction may kindly be issued to respondents Nos. 1, 2 and 3 to prepare the seniority of the officers of AKLASC in grade B-16 and above according to re-organisation as ordered on 30th, 31st December, 1990 as well as under the rules applicable. Any other relief admissible under law may also be granted." Before hearing preliminary arguments in the writ petition the High Court directed the respondents to file parawise comments which were duly filed. In the comments it was stated that the order of 8th of May, 1996 which was sought to be implemented through the first part of the prayer clause, reproduced above, had been withdrawn on 28th of October, 1996 by the Azad Kashmir Logging and Saw Mills Corporation Board. A copy of the minutes of the meeting of the Board of Directors held on 28th of October, 1996 was attached with the comments. We have gone through the minutes and find that the statement made in the comments that the order of 8th of May, 1996 has been withdrawn is correct. The writ petition was filed on 27th of October, 1996 and the High Court had become cognisant of this fact and it is duly noted in the order under appeal that the order had been withdrawn. It is, therefore, obvious that the writ petition could not be admitted for regular hearing so far as this relief is concerned. According to para 6 of the order under appeal the writ petition was admitted for regular hearing to consider the following points:-- "

6. After hearing the learned counsel for the parties and perusing the documents appended with the petition, I feel persuaded to admit this petition for regular hearing to consider the following points: -- (i) As to whether the seniority of the employees of AKLASC department determined according to the cadres, is in accordance with the relevant rules or not; (ii) as to whether the petitioner who has been placed at serial number 1 in the seniority list in Operation Division, is rightly placed at such number or not; and (iii) as to whether the seniority fixed through the above-referred order is against the judgment of the Hon'ble Supreme Court, if any." Para. 6 of the order under appeal reproduced above shows that the writ petition was admitted to regular hearing to consider the validity or otherwise of the seniority list. The seniority list mentioned in the reproduced portion is the same which has already been withdrawn. Therefore, the question of determining the correctness or validity of the seniority list mentioned above cannot legally arise. We also note that in the writ petition Raja Muhammad Asghar did not raise the points reproduced above on which the writ petition has been admitted. In the prayer clause reproduced above there was an alternative prayer that a direction be issued that seniority list may be prepared according to re organisation order of 30th/31st of December, 1990, but the writ petition had not been admitted to consider this point. It follows that the order of admission is not legally sustainable and has to be vacated. Meanwhile, the learned counsel for the appellant, Mr. M. Tabbasum Aftab Alvi, has given an undertaking that the seniority list shall be prepared by the Sub-Committee appointed by the Board of Directors within one month. A written undertaking has also been given by the Director Finance of the Corporation, who is the Chairman of the Committee mentioned above, that he will hold the meeting of the Committee within one month. This undertaking when acted upon will remove the main grievance of respondent Raja Muhammad Asghar that the seniority of the offices of the Corporation was not being finalised. As an upshot of the foregoing the appeal is accepted and order of admission is vacated with the result that the writ petition filed by the respondent shall stand dismissed in limine. There will be, however, no order as to costs. C.M.S./208/SC(AJ&K) Appeal accepted