| Citation(s) |
|---|
| 1995 SLG 1062 1995 SLD 1062 1995 PLC 99 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 422-L of 1992, decided on 24th November, 1993.
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
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Civil Petition for Leave to Appeal No. 422-L of 1992, decided on 24th November, 1993.
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
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VS
SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI and 3 others
Law:
Section:
Constitution of Pakistan (1973)--- ----Art. 212(3)---Seniority---Civil servant had received due place in revised seniority list in accordance with decision of Supreme Court in earlier litigation on 12-8-1990---Civil servant retired from service in 1990, but he still wanted that on the basis of seniority so revised in 1990, his promotion which took place on 20-10-1986 should be revised and ante-dated to give effect to his seniority which under the earlier of Supreme Court started from 4-8-1960 and not from 1-7-1973 on the basis of which he was in fact promoted---Supreme Court had pointed out in earlier petition (for leave to appeal) that its decision could not be given retrospective effect nor seniority list and its revision alone were sufficient for ante-dating promotion, for claiming retrospective promotion for which a procedure through Selection Board had to be gone into and no vested right for promotion from a particular date was made out unless it was embedded in some specific rule---Leave to appeal was refused in circumstances. Muhammad Umar Malik and others v. Federal Service Tribunal and others PLD 1987 SC 172 ref. Petitioner in Person. Nemo for Respondents. Date of hearing: 24th November 1993. ORDER SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 1-3-1992 'under Article 212(3) of the Constitution. 2. The petitioner had a dispute over seniority in BPS-16. That question of seniority was determined finally by this Court on 22-12-1986 vide decision in Muhammad Umar Malik andβ¦
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