Case Details

Citation(s)
2013 SLG 1482 2013 SLD 1482 2013 SCMR 29
Supreme Court of Pakistan
C.Ps. Nos.258-K and 259-K of 2012, decision dated: 1st November, 2012. (Against the judgment dated 16-8-2012 passed by High Court of Sindh)
ANWAR ZAHEER, JAMALI, SARMAD, JALAL OSMANY AND GULZAR AHMED, JJ
Kazi Abdul Hameed Siddiqui, Advocate Supreme Court for Petitioner (in both petitions). Abdul Ghani Soomro, Registrar Sindh High Court for
Respondent (in both petitions)

FAISAL NOOR JUNEJO

VS

HIGH COURT OF SINDH through Registrar

Law:

Section:

(a) Sindh Judicial Service Rules, 1994---R. 8(1)--- Additional District and Sessions Judge, post of---Eligibility---"Judicial office", meaning of---Scope---Petitioners had applied for posts of Additional District and Sessions Judge on basis of an advertisement---One of the petitioners was employed as Judicial Assistant in the Supreme Court, while the other one was employed as Senior Translator in the High Court---Both petitioners were not found to be eligible to appear in the exam. for the posts in question---Contention of petitioners was that they could be considered to be holding post of "Judicial officers" and also had the relevant experience (in terms of years) to qualify for the posts in question---Validity---Rule 8(1)(d) of Sindh Judicial Service Rules, 1994 provided that in case of appointment to post of Additional District and Sessions Judge, apart from possessing the qualification mentioned in Rule 8(1)(a) of said Rules, (candidate) had to be a practising advocate of the High Court and courts subordinate thereto with a minimum practice of six years or he should have held a "Judicial office" for a period not less than six years, with a clean record of service---Admittedly petitioners were not practising advocates of High Court or courts subordinate thereto---Office of Judicial Assistant and that of Senior Translator were not at par with a "Judicial Office"---Petition for leave to appeal was dismissed accordingly. Muhammad Saeed and 4 others v. Election Petitions Tribunal, West Pakistan and others PLD 1957 SC 91 rel. (b) Words and phrases--- ----"Judicial office"---Definition. Ballentine's Law Dictionary (Third Edition) ref. (c) Words and phrases--- ----"Judicial"---Definition. Black's Law Dictionary (Eighth Edition) ref. ORDER GULZAR AHMED, J.---Petitioners in both these petitions had applied for the post of Additional District and Sessions Judge BS-20, on the basis of advertisement dated 10-1-2012, published by High Court of Sindh in which eligibility was given as follows:-- "ELIGIBILITY: (i) He/She shall have a Degree in Law from a recognized University or a Barrister of Law from England or Ireland or is a Member of Faculty of Advocates of Scotland.…
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