Case Details

Citation(s)
1986 SLG 2271 1986 SLD 2271 1986 PLC 752
Lahore High Court
Service Appeal decided on 14th April, 1986.
SAAD SAOOD, JAN AND AKHTAR HASAN, JJ

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NAZIR AHMAD and others

VS

MUHAMMAD RAFIQ ZAHID and another

Law:

Section:

(a) High Court Establishment (Appointment and Conditions of Service) Rules- --- R. 24--Posts of -writers upgraded--Committee of Judges making recommendations after interviewing and examining record of candidates--Prescribed number of candidates recommended for appointment alongwith their order of merit--While fixing order of merit inter se seniority of candidates upset--Only one candidate made representation to his order of merit which was accepted--Other candidates (appellants) after many years' silence, objecting to order of merit.-­Appellants, held, would have been aware of representation of one of candidates an3-action taken thereon--Such candidates' representation after eight years silence having been rightly rejected by Chief Justice on ground of laches, would not call interference in appellate jurisdiction. (b) High Court Establishment (Appointment and Conditions of Service) Rules--- ---R. 19--Members of establishment--Determination of seniority--in a case of selection in respect of posts with regard to which existing rules were silent, committee of Judges and Chief Justice, held, was free to determine seniority of persons selected to fill such posts--Rule 19, Establishment Rules which deals with ordinary promotion from a lower grade to a higher grade would not be attracted in cases of selection. (c) High Court Establishment (Appointment and Conditions of Service) Rules---- ---R. 19--Dates of confirmations, computation of--Appellants and respondents having been appointed by same order, dates of their respective confirmations, held, would have no effect on their respective seniorities. Raze Hussain Shamsi for Appellants. Shamim Abbas Bokhari for Respondent No. 1. ORDER SAAD SAOOD JAN, J.--This is a departmental appeal in the matter of seniority. from the order of the learned Chief Justice whereby the representation of the appellants was rejected on the ground of laches. The appellants and the respondents are all private secretaries and the appellants claim that they are senior to the respondents. One of the respondents, namely, Mr. Muhammad Din Basra, has since been appointed as a Civil Judge. He was neither present nor represented before us. Apparently…
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