| Citation(s) |
|---|
| 1995 SLG 1503 1995 SLD 1503 1995 PLC 874 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 70-R of 1981, decided on 23rd June, 1981.
NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
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Civil Petition for Special Leave to Appeal No. 70-R of 1981, decided on 23rd June, 1981.
NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
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Ch. SARDAR MUHAMMAD and others
VS
SECRETARY TO GOVERNMENT OF PUNJAB COMMUNICATION AND WORKS DEPARTMENT
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)--- ----S. 7(3)---Constitution of Pakistan (1973), Art. 212 (3)---Seniority---Seniority list---Undertaking given by Departmental Head to Service Tribunal for finalizing gradation list by specified date culminating into order of Service Tribunal to that effect---Validity---Order of Service Tribunal in question, did not have the effect of usurping authority of Departmental Head but on the contrary it would enable such officer to take suitable action and finalize it expeditiously---Date fixed for finalizing gradation list and direction given to Departmental Head on his own undertaking for doing so, did not force to close departmental action on representations, their processing and adjudication but only provided relief rightly deserved against provisional seniority list--Department was yet free to finalize the list but that should not, till it was so finalized, prevent parties affected to either seek their redress before Service Tribunal or advancement in department on basis of provisional list---Order in question of Service Tribunal directing Departmental Head for preparation of gradation list by specified date as per undertaking given by the latter, would not in any manner impinge on the rights of petitioners (Civil Servants)---Party against whom order in question, was directed did not, however, feel aggrieved by such order---No question of law of public importance being involved requiring attention of Court, leave to appeal was refused. D.M. Awan, Advocate with Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Date of hearing: 23rd June, 1981. ORDER SHAFIUR RAHMAN J.---The four petitioners seek leave to appeal against an order of the Punjab Service Tribunal dated 5-4-1981 whereby on the undertaking given by the Secretary, Communication and Works Department, Government of Punjab, the Service Tribunal directed him to finalize the gradation list by the end of May, 1981 failing which the provisional list dated 13-1-1979 will be considered for all purposes the seniority list of the said department. 2. Muhammad Amin respondent a civil servant, of the Communication and Works Department, had been making repeated efforts to get…
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