Case Details

Citation(s)
1985 SLG 607 1985 SLD 607 1985 SCMR 878
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.712 of 1984, decision dated: 9-10-1984
ABDUL KADIR SHAIKH AND SHAFIUR RAHMAN, JJ

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SHAMIM AHMAD

VS

PUNJAB SERVICE TRIBUNAL and others

Law: Constitution of Pakistan, 1973

Section: 212

Constitution of Pakistan (1973)---Art. 212 (3)--Punjab Service Tribunals Act (IX of 1974), S.4-­Determination of seniority--Petitioner being under suspension, ignored for promotion--Claiming seniority and pro forma promotion with retrospective effect on ground of having been exonerated by High Court-­Tribunal declined to adjudicate--Petitioner having failed to establish from record that he would have been promoted but for suspension, order of Tribunal, held, unexceptionable--Leave to appeal refused. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Punjab Service Tribunal dated 30-5-1984 by which petitioner's appeal was dismissed and his prayer that the seniority list showing him "as junior to respondents 2 to 7 be stuck down" was rejected. The main reasons which prevailed with the Tribunal in rejecting petitioner's claim may usefully be stated by reproducing the relevant portion of the impugned judgment. It reads: "While examining the case of other two contesting respondents (Nos.2 and 6 of E and M Wing) we find that it is established on the record that they were promoted in the year 1966 in a prescribed manner on the recommendations of the Public Service Commission by the Government of Punjab. The appellant, according to the record of this case, was promoted in the year 1974, in Marketing Wing, where he has been working since the rejection of his appeal in the year 1971. If the appellant had any grievance against the promotion of the said contesting respondents, he was within his rights to agitate the…
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