Case Details

Citation(s)
1993 SLD 319 = 1993 PLC(CS) 1331

Civil Revision No. 189-D of 1980, decided on 4th May, 1993.
Mian Nazir Akhtar, J

Ch. ABDUL WAHEED

VERSUS

AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN and others

Law:

Section:

This revision petition arises out of a suit for declaration instituted by the petitioner on 22-12-1977 in the Civil Court, Rawalpindi. The petitioner had assailed the validity of Memo. No. 1/8(143)/77/1900, dated 26-3-1977 whereby he was placed junior to defendants/respondents 2 and 3. The suit was resisted by the respondents who filed the written statement in the trial Court which gave rise to the following issues:--     Whether the Civil Court has no jurisdiction? OPD   Whether the suit is not maintainable in its present form? OPD   Whether the plaintiff has no cause of action to file this suit? OPD   Whether the impugned order dated 26-3-1977 is illegal, void, ultra vires and ineffective upon the rights of the plaintiff?   Relief.   After recording evidence of the parties the trial Court returned findings on issues Nos. 1 and 2 against the defendants/respondents and on other issues, against the present petitioner. Resultantly, the suit was dismissed on 20th February, 1979. The petitioner's appeal was also dismissed by the Additional District Judge, Rawalpindi, vide judgment and decree dated 11-11-1979.   In support of his case the plaintiff/petitioner produced Muhammad Saleem P.W. 1 and himself appeared as P.W. 2. The seniority list Exh. P.1, the amended Regulation Exh. P.2, a copy of the representation P.3 and the order passed by the Director Administration P.4 were brought on the record on behalf of the petitioner. The respondent/defendant produced Muhammad Saleem as D.W. 1 (who had also appeared as P.W. 1). The respondents produced copy of the proceedings of the Promotion Committee, which was placed on the record as mark `A'.   The petitioner's learned counsel submits that the petitioner was promoted in the same batch, alongwith respondents 2 and 3 and was entitled to retain his inter se seniority, which is enjoyed in the lower grade in accordance with the provisions of sub-para. (4), para. 3 of the amended Regulation 16 of Agricultural Development Bank (Staff) Service Regulations, 1961, issued on 13/14th November, 1977. He further submits that even if amended regulation was not applicable, the…
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