| Citation(s) |
|---|
| 1989 SLG 573 1989 SLD 573 1989 SCMR 485 1989 SLD 1129 1989 SCMR 485 |
Supreme Court of Pakistan
Civil Petitions Nos.1227 and 1229 of 1983, decision dated: 11-10-1988
NASIM HASAN SHAH AND ALI HUSSAIN QAZILBASH, JJ
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Civil Petitions Nos.1227 and 1229 of 1983, decision dated: 11-10-1988
NASIM HASAN SHAH AND ALI HUSSAIN QAZILBASH, JJ
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Dr. NASEER MAHMOOD AKHTAR and another
VS
Dr. MAHMOOD ALI MALIK and another
Law: Constitution of Pakistan, 1973
Section: 212(3)
Constitution of Pakistan (1973)--Art.212(3)--Service Tribunal while accepting appeal relied on its own against which leave to appeal had already been granted by the Supreme Court-Leave to appeal granted m these cases as well. Malik M.Qayyum, Advocate Supreme Court, E;az Ahmad Khan; Advocate-on-Record (absent) and Rana Maqbool Ahmad Qadri, Advocate-onRecord (absent) for Petitioners (in both Petitions). Ejaz Hussain Batalvi, Senior Advocate Supreme Court, Z.K. Dastgir, Advocate Supreme Court, MA. Zaffar, Advocate Supreme Court and MA. Qureshi, Advocate-on-Record (absent) for Respondent No.l (in both Petitions). Date of hearing: 11th October, 1988. ORDER NASIM HASAN SHAH, J.--This order will dispose of both the abovenoted petitions for special leave to appeal. The relevant facts are that Dr.Mahmood Ali Malik (respondent No.l in both the petitions) was appointed as an Assistant Professor on 9-12-1966, as a direct recruit. He was promoted as Professor of Medicine on 20-11-1973. His contestant Dr. Naseer Mahmood Akhtar (petitioner in Civil Petition No.1227 of 1983) was also appointed as an Assistant Professor, as a direct recruit on 17-4-1968 but he was promoted as a Professor earlier on 19-7-1_971 as Professor of Orthopaedics Surgery. Accordingly, in the joint seniority list of Professors issued on 20-8-1981 Dr. Mahmood Ali Malik was shown at Serial No.36 while Dr. Naseer Mahmood Akhtar was shown higher up in the said list, at Serial No.19. Dr. Mahmood Ali Malik represented against the fixation of his seniority below to Dr. Naseer Mahmood Akhtar claiming that he being senior in the lower grade was entitled to the rank senior in the higher grade of Professors, after having been promoted thereto, even though at a later date. But this representation was rejected on 27-71982.…
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