Case Details

Citation(s)
2011 SLG 1771 2011 SLD 1771 2011 PLC 960
Supreme Court of Pakistan
Civil Petitions Nos.1174 to 1177 of 2008, decision dated: 27-10-2008.(On appeal against the judgment, dated 26-6-2008 passed by Federal Service Tribunal, Islamabad, in Appeals Nos.26 to 29(P)(C.E.) of 2004).
MIAN SHAKIRULLAH, JAN, MUHAMMAD QAIM, JAN KHAN AND MUHAMMAD FARRUKH MAHMUD, JJ

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WAPDA and others

VS

Qari MUHAMMAD FEROZE and others WAPDA and others vs Qari MUHAMMAD FEROZE and others

Law:

Section:

Constitution of Pakistan-------Art. 212(3)---Seniority list, preparation of---Pendency of lis before Supreme Court---Effect---Petitioner department and other departments and authorities, particularly in service matter when lis was pending in the court relating to terms and conditions of service, where rights of parties regarding seniority were under consideration and were still to be determined by the court with a resultant consequence of effecting further promotion and other rights like Selection Grade, the department should keep its hands off unless there was specific order of the court for further proceeding on the part of department/authority, in order to avoid further complications and which ought to have been visualized by the department---Petitioner department had, without visualizing such complications, had shown smartness by deciding the matter hurriedly without waiting for decision of court and if any difficulty had then arisen, it was for petitioner department to solve or to suffer for that---Service Tribunal had rightly passed in favour of respondents and declined to interfere---Leave to appeal was refused. Sheikh Zamir Hussain, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioners (in all cases). M. Shoaib Shaheen, Advocate Supreme Court along with Tanveer Ahmed in person (pro forma respondent) for Respondent No.1 (in all cases). Date of hearing: 27th October, 2008. JUDGMENT MIAN SHAKIRULLAH JAN, J.--- The respondents, employees of the petitioner, WAPDA, are litigating for a long time since 1993 for their seniority on the plea that their seniority be determined on the basis of combined seniority list after the establishment of Tarbela Power Station No.2 consisting of Units Nos.11 to 14 in addition to the already existing Tarbela Power Station No.1 consisting of Units Nos.1 to 10. After several rounds of litigation, even up to this Court, the contesting respondents who are respondent No.1 in each case succeeded in getting an order from the Court with regard to the preparation of combined seniority list which was prepared and circulated on 10-3-2001. After the preparation of the new combined seniority list they again approached…
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