1995SCMR874 (PLP)
NOOR ALI KHAN‑‑‑Petitioner Versus THE SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 58 others‑‑‑Respondents
| Citation | 1995SCMR874 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan and Wali Muhammad Khan, JJ |
| Parties | NOOR ALI KHAN‑‑‑Petitioner Versus THE SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 58 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1995SCMR874 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995SCMR874 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan and Wali Muhammad Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995SCMR874 (PLP) (NOOR ALI KHAN‑‑‑Petitioner Versus THE SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 58 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qazi Muhammad Anwar Khan, Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate‑on‑Record (Absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 22nd August, 1994.
Headnotes / Summary
(CMP against the Order of this Court passed on 6‑4‑1994 in CP No. 29/94 which was filed against the judgment of Federal Service Tribunal, Islamabad, dated 13‑11‑1993 in Service Appeal No. 361(R) of 1993). Civil Service‑‑‑ ‑‑‑‑Constitution of Pakistan 1973 , Art. 212(3)‑‑‑Civil Servant‑‑‑Seniority list‑‑‑Civil servant's objection to seniority list was dismissed by Departmental Authority as also his appeal by Service Tribunal‑‑‑Validity‑‑‑Leave was granted, inter alia, to consider; whether Service Tribunal was legally correct in holding that civil servant having not cleared his departmental examination and his case having been deferred, was not entitled to claim his old seniority against his colleagues who had already cleared their departmental examination and were promoted before Civil servant had qualified said examination; though deferment of Civil servant's promotion on such ground was not to disturb inter se seniority and same would be retained after he qualified Departmental examination.
Judgment & Decree
FAZAL ILAHI KHAN, J.‑‑‑For the reasons given in the application for restoration of the petition for leave to appeal (CP‑29/94), which is supported by affidavit of the learned counsel and the cause‑list annexed therewith, the petition is restored, on its old number. Petitioner appeared in competitive examination held by Federal Public Service Commission in the year 1981 and was appointed in Grade, 17, District Management Group, vide letter dated 28th August, 1982. On completion of his academic training he was placed at the disposal of Government of N.‑W.F.P. on 6‑10‑1983 and promoted to B‑18 from 10‑4‑1990 vide notification, dated 24th April, 1994. In the seniority list circulated in 1993 his name figured at serial No.150 instead of
92. Petitioner appealed against the seniority list which was dismissed on 27‑6‑1993 and communicated to the petitioner on 2‑10‑1993. His appeal before the Tribunal was also dismissed. We have heard the learned counsel for the petitioner at great length. Leave is granted, inter alia, to consider; whether the learned Tribunal was legally correct in holding that since the petitioner did not clear the departmental examination and his case having been deferred, therefore, he would not be entitled to claim his old seniority against his colleagues who had already cleared their departmental examination and promoted before petitioner qualified the said examination; though deferment of the candidate promotion on such ground is not to disturb inter se, seniority of the candidate and the same is retained after he qualifies the Departmental examination. A short point being involved the case may be fixed for hearing on the expiry of summer vacations. AA./N‑415 Leave granted.