Law: Constitution of Pakistan, 1973

Section: 212(1)

Law: Service Tribunals Act (LXX of 1973).

Section: 4(1)

Constitution of Pakistan (1973)  Art. 212 (1) read with Service Tribunals Act (LXX of 1973),S. 4 (1) - Seniority - Ex parte decision - Competing claims of parties needing examination in context of rules applicable at various stages and effect of various orders passed from time to time concerning respondents and. petitioners - Government, reviewing its stand in favour of contesting respondents -- Petitioner' present on final date of hearing-Service Tribunal's conclusion regarding petitioner being not furnished written comments within time or his being not entitled to a hearing in view of his past conduct or manner of his participation in proceedings-Not correct-Decision in facts of case, held, had to be given after hearing persons affected and present at hearing - Decision of Service Tribunal set aside, directing appeal to be decided after hearing parties concerned. [Civil service]. Date of hearing : 7th October, 1979.                                                                                                              ORDER SHAFI-UR-REHMAN, J.-This is a petition for leave to appeal under. Art. 212 (3) of the Constitution against an order dated 27th Janual7, 1979 passed by the Service Tribunal, Islamabad.        2. The petitioner was at the time of Partition a Lower Division Clerk and had opted for service in Pakistan. In due course, he was promoted and confirmed as Upper Division Clerk. There was circulated a provisional seniority list of Upper Division Clerks in the Central Board of Revenue in which the name of the petitioner appeared as serial No. 4 and that of respondent No. 1 at serial No. 10. The seniority list is date' 8th Septem ber, 1971 and it included those who were confirmed or were eligible for confirmation as Upper Division Clerks. Taslim Hussain respondent No. 1 represented against his name being placed at No. 10 in the…