Case Details

Citation(s)
1984 SLG 464 1984 SLD 464 1984 SCMR 288
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 64 of 1983, decision dated: 6-03-1983 (Against the order of the Service Tribunal, dated 26-11-1982, passed in Appeal No. 247 of 1981)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND M. S. H. QURAISHI, JJ

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MRS. S. J. USMANIer

VS

. GOVERNMENT OF PUNJAB THROUGH SECY., EDUCATION AND others--Respondents

Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4-Selection grade-Grant of selection grade to civil servant on basis of seniority-cum-fitness-Held, within discretion of relevant autho­rity and not open to appeal under S. 4. (b) Punjab Service Tribunals Act (IX of 1974) --- ----S. 4-Appeal challenging grant of Selection Grade on basis of seniority-cum-fitness to respondents-Second appeal filed to challenge seniority of respondents dismissed by Tribunal as time-barred during pendency of earlier appeal and order not challenged by appellant in Supreme Court-Order of Tribunal dismissing first appeal on ground that issue of seniority, having been settled by earlier decision of Tribunal, could not be re-opened as Tribunal could not review its own earlier decision-Held, justified and does not merit interference.­[Civil service-Review]. Muhammad Ahmad Hassan Khan, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Date of hearing: 23rd February, 1983. ORDER ASLAM RIAZ HUSSAIN, J.---Mrs. S. J. Usmani petitioner has filed this petition for leave to Appeal against the order of the Punjab Service Tribunal dated 25-11-1982,. The facts giving rise to this petition, briefly, are that Mrs. S. J. Usmani petitioner joined service in the Education Department in Punjab in 1945. After the independence of the country she opted for Pakistan and came to Lahore to serve in the Education Department. A seniority list of teachers was prepared in 1974 in which she was shown senior to respondents 2 to 9. On 4-11-1980 the Government of Punjab granted Selection Grade to the respondents on the basis of seniority-cum-fitness. Mrs. S. J. Usmani petitioner challenged this before the Service Tribunal through Appeal (No. 744/80). On 23-11-1980 a new seniority list was published in which she was shown as junior to the respondents. She…
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