Constitutional convention

2014 SCMR 1289 SUPREME-COURT Judicial Precedent

Arts. 193, 194, 197, 255(3), 260(1) & 184(3)

Constitutional petition under Art. 184(3) of the Constitution regarding inter se seniority of the Judges of the High Courts

Inter se seniority of Additional and Permanent Judges of the High Court

Computation of

Criterion and principles

Constitutional convention

Scope

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 (district judiciary) service candidates was 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

Supreme Court observed that such mode and principle of determining inter se seniority of Judges of the High Court had been consistent in all the four Provinces, barring one time deviation when the Administration Committee of Sindh High Court followed a different course; that such mode was normative because it was more in accord with equity and constitutional intent reflected in various provisions of the Constitution, thus it had assumed the character of a constitutional convention

Constitutional petition was dismissed accordingly.