| Citation(s) |
|---|
| 1981 SLG 618 1981 SLD 618 1981 SCMR 1162 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 55-R to 59-R of 1980, decision dated: 10th May 1980. (On appeal from the judgment and order of the Baluchistan Service Tribunal, Quetta dated 12-4-1980 in Appeals Nos. 7, 8, 12 and 14 of 1978)
DORAB PATEL AND MUHAMMAD HALEEM, JJ
Abid Hasan Minto Advocate and Ch. Akhtar Ali, Advocate-on-Record 4 for petitioners. Nemo for
Respondents
Civil Petitions for Special Leave to Appeal Nos. 55-R to 59-R of 1980, decision dated: 10th May 1980. (On appeal from the judgment and order of the Baluchistan Service Tribunal, Quetta dated 12-4-1980 in Appeals Nos. 7, 8, 12 and 14 of 1978)
DORAB PATEL AND MUHAMMAD HALEEM, JJ
Abid Hasan Minto Advocate and Ch. Akhtar Ali, Advocate-on-Record 4 for petitioners. Nemo for
Respondents
ABDUL GHAFFAR ETC.
VS
MUHAMMAD RAMZAN AND others
Law:
Section:
Constitution of Pakistan (1973)-- Civil services-Article 185(3)---Seniority---Contention that until orders giving back dated seniority set aside consequential orders fixing seniority from that date could not be interfered with---This and other grounds requiring consideration, leave to appeal granted. ORDER MUHAMMAD HALEEM, J.-This order will govern Civil Petitions Nos. 55-R and 57-R of 1980, filed by Abdul Ghaffar against Muhammad Ramzan and Jamal Khan Jaffar; and Civil Petitions 56-R, 58-R and 59-R of 1980, filed by Rahim Shah against Muhammad Ramzan, Jamal Khan Jaffar and Muhammad Hassan Jogezai. These petitions arise from the common order of the Baluchistan Service Tribunal, Quetta, dated 12th of April,- 1980, by which the appeals of the respondents herein were accepted. The petitioner in Civil Petitions 55-R and 57-R of 1980 was a Naib, Teshildar and he was selected for the post of Tehsildar on 'list of September, 1972, by the Selection Committee and by order dated 24th of October, 1972 of the Board of Revenue, he was sent to Khuzdar for usual training. As he had already an experience of two years as Naib-Tehsildar, his period of training was reduced to 6 months by the Board of Revenue, by its order dated 23rd of November, 1972. He completed his training on 30th May, 1973, and on the same date, by an order of the Member, Board of Revenue, his services were dispensed with along with the others and he was sent back as Naib-Tehsildar. He made a representation to the Governor and finally sent a reminder dated 17th of January, 1976, for its disposal. In the mean time, the Board of Revenue, by its order dated 23rd of June, 1975, granted him accelerated promotion; and on 30th of January, 1976, the Governor, by an order, restored his original selection and gave to him the seniority with effect from 30th of May, 1973. In the seniority list of Tehsildars dated 23rd of June, 1975, his name was omitted as the order of reversion held the field. However, after the restoration of his original seniority, he made an application for its re-fixation and in the seniority list dated 25th of March, 1978, he was placed at Serial No. 98-B While respondent. Muhammad Ramzan, at…
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