| Citation(s) |
|---|
| 2007 SLG 3392 2007 SLD 3392 2007 PLJ 773 |
Supreme Court of Pakistan
C.A. Nos. 593 to 596 of 2003, decided on 21.9.2006.
MIAN SHAKIRULLAH, JAN & CH. IJAZ AHMAD, JJ.
Dr. A. Basit, Sr. ASC with Mr. Ejaz Muhammad Khan, AOR for the Appellants (in C.A. No. 593 to 596 of 2003). Mrs. Afshan Ghanzafar, AAG A/w Mr. Irfan (Litigation Officer) for
Respondents No. 1 & 2 (in C.A. No. 593 of 2003). Mr. Hafiz Tariq Naseem, ASC fo
C.A. Nos. 593 to 596 of 2003, decided on 21.9.2006.
MIAN SHAKIRULLAH, JAN & CH. IJAZ AHMAD, JJ.
Dr. A. Basit, Sr. ASC with Mr. Ejaz Muhammad Khan, AOR for the Appellants (in C.A. No. 593 to 596 of 2003). Mrs. Afshan Ghanzafar, AAG A/w Mr. Irfan (Litigation Officer) for
Respondents No. 1 & 2 (in C.A. No. 593 of 2003). Mr. Hafiz Tariq Naseem, ASC fo
ABDUL MAJEED ZAFAR and others--Appellants
VS
GOVERNOR OF THE PUNJAB, through Chief Secretary and others--Respondents
Law:
Section:
Seniority List-- ----Natural justice--Seniority between sets of employees--Seniority list was withdrawn without notice--Order was passed without notice to respondents and without application of the mind. [Pp. 777 & 778] A & B PLD 1964 SC 410, 1983 SCMR 1208 & PLD 1987 SC 304. Constitution of Pakistan, 1973-- ----Arts. 4 & 5(2)--Public functionaries are duty bound to act in accordance with law without fear, favour and nepotism--Appeals disposed of with the direction that the Secretary would pass a speaking order afresh giving reasons and affording an opportunity of hearing to all concerned. [P. 778] C PLD 1973 SC 383, ref. Order The captioned appeals were disposed of by this Court through a short order in the following term: Short Order: "The detailed reasons will be recorded lateron. The basic order which has been passed by the Department (Secretary) dated 10-7-2001 whereby a separate seniority list prepared by the department was withdrawn but the said order is not a speaking one and is lacking the detailed reasons as required under the law and also in order to ascertain what has compelled the authority to recall the earlier one for re-fixing the seniority. Resultantly while setting aside the judgment of the Service Tribunal and that of the Secretary concerned, we remand the cases back to the Secretary, Government of the Punjab, Agriculture Department for passing a speaking order afresh with reasons thereto after affording opportunity of hearing to all concerned. However while passing any order under the law, he (Secretary/Authority) shall not be influenced by any observations made in the judgment of the Tribunal or by this Court. The process be completed within a period of two months after the receipt of the order of this Court under intimation to the Deputy Registrar(Judicial) of this Court". Ch. Ijaz Ahmed, J.--Following are the detailed reasons for the short order mentioned above. 2. We intend to decide the captioned appeals by one consolidated order having similar facts and law arising out of the common judgment of the Service Tribunal dated 19.7.2002. 3. Appellants/petitioners filed CPLA Nos. 3490-L/2002, 3491-L/2002, 3556-L/02 and…
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