Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)--S. 7---Constitution of Pakistan (1973), Art. 212(3)---Seniority---Anti-dated seniority---Service Tribunal denying its jurisdiction---Validity---Leave to appeal was granted to consider; whether Service Tribunal was justified in denying its jurisdiction in case where seniority had been anti-dated and was violative of the law laid down by Supreme Court in Muhammad Iqbal Khokhar's case reported as PLD 1991 SC 35. Muhammad Iqbal Khokhar and 3 others v. Government of Punjab through Secretary to Government of Punjab, Lahore and 2 others PLD 1991 SC 35 rel. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S. 7---Constitution of Pakistan (1973), Art. 212---Seniority---Anti-dated seniority---Question of anti-dated seniority raised by appellants before Service Tribunal---Service Tribunal was required to adjudicate whether period of training of two years was rightly treated as service in fixing respondent's seniority---Service Tribunal found itself unable to proceed with appeal for want of jurisdiction---Validity---Approach of Service Tribunal on facts of case appeared to be misconceived for at the time Service Tribunal being seized of appeal for resolution and, determination of inter se seniority of parties, did possess jurisdiction---Mere fact that appellants had raised objection to jurisdiction in support of their plea that respondents were junior to them and wanted to exclude two years' training period as was done in appellant case; and that such period could not be counted in determining interest seniority of parties, could not be deemed to divest Service Tribunal of its jurisdiction--­Supreme Court without going into merits of case remanded case to Service Tribunal for decision of appeal on merits. Ch. Khurshid Ahmad, Advocate Supreme Court for Appellant. Ihsan Sabri, Asstt. A.G. Punjab for Respondent No.1. Respondent No.6 in person. Nemo for the Remaining Respondents. Date of hearing: 25th March, 1997. JUDGMENT FAZAL ILAHI KHAN, J.---Leave to appeal was granted in this case to consider; whether Tribunal was justified in denying its jurisdiction in case where seniority has been anti-dated and violative of the law laid…

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