Case Details

Citation(s)
1982 SLG 509 1982 SLD 509 1982 SCMR 882
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 658 of 1979, decision dated: 15-12-1979. (On appeal from Judgment and Order of Lahore High Court dated 31st July, 1979 in I.-C. A. No. 237 of 1969)
DORAB PATEL AND SHAFIUR REHMAN, JJ
Kamal Mustafa Bukhari, Advocate Supreme Court and M. Aslam Choudhry Advocate-on-Record for Petitioner. Khalilur Rehman, Advocate Supreme Court and Sh. Ijaz Ali, Advocate-on-Record for
Respondent No. 1. Ahmad Hussain, Advocate Supreme Court and M. A. Qur

AZIZ AHMAD

VS

PROVINCE OF PUNJAB

Law:

Section:

Constitution of Pakistan (1973)--Art. 212-Seniority-Government directed to examine recommenda­tion of Service Tribunal on question of converting temporary posts into permanent posts and of granting retrospective confirmation against such posts-Recommendations not accepted by Government for any reason-Petitioner, held, had no cause for grievance-Recommendation, if accepted, seniority list to be altered in consequence and as such entitled petitioner to approach Service Tribunal if seniority taken away wrongly.-[Civil service]. ORDER DORAB PATEL, J.-The petitioner is a direct recruit to the Class II Service of the Industries Department, whilst the second respondent is a promotee and after his promotion into Class 11, he filed an application before the Punjab Civil Service (Appellate) Tribunal, Lahore praying that the seniority list of the Class II and Class I officers of the Punjab Industries Department should be corrected to his advantage. But he had been appointed to a temporary post, therefore, the Tribunal dismissed his appeal by its order dated 24-7-1972, but all the members made a recommendation, according to the petition for leave, that "the question of converting temporary posts in the industries Department into permanent posts be examined and retrospective confirmation made against those posts to remove the inequity that person appointed earlier does not remain junior to a person appointed directly at later stage". The Government did not take any steps to implement this recommendation and the matter would have rested there, but for the fact the implementation of the recommendations of the Service Tribunals would adversely affect his seniority he filed an intra-Court appeal in the Lahore High Court against the learned Single Judge's judgment of 30-E-1979. But, this appeal was dismissed in limine with the observation that as the petitioner's basic grievance was against the orders of the Service Tribunal, he should have invoked this Court's jurisdiction under Article 213 of the Constitution. Aggrieved by this judg­ment, the petitioner has filed this petition for leave. Mr. Bukhari submitted that the Punjab Civil Services (Appellate) Tribunal in its order of…
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