| Citation(s) |
|---|
| 1997 SLG 978 1997 SLD 978 1997 PLC 880 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 393-P and 416-P of 1996, decision dated: 22-04-1997. (On appeal from the judgment dated 2-10-1996 of the N.W.F.P. Service Tribunal, Peshawar, passed in Appeals Nos.660/1995 and 713/1995).
FAZAL ILAHI KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Jehanzeb Rahim, BarristeratLaw, Advocate Supreme Court instructed by M. Zahoor Qureshi Azad, AdvocateonRecord for Petitioner (in C.P. No. 393P of 1996). M. Azam Khan, Additional A.G. for
Respondent No.l (in C.P. No. 393P of 1996). M. Jamil Khan, Advoc
Civil Petitions for Leave to Appeal Nos. 393-P and 416-P of 1996, decision dated: 22-04-1997. (On appeal from the judgment dated 2-10-1996 of the N.W.F.P. Service Tribunal, Peshawar, passed in Appeals Nos.660/1995 and 713/1995).
FAZAL ILAHI KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Jehanzeb Rahim, BarristeratLaw, Advocate Supreme Court instructed by M. Zahoor Qureshi Azad, AdvocateonRecord for Petitioner (in C.P. No. 393P of 1996). M. Azam Khan, Additional A.G. for
Respondent No.l (in C.P. No. 393P of 1996). M. Jamil Khan, Advoc
Dr. SHAH WALI KHAN and others
VS
GOVERNMENT OF N..W.F.P. and others
Law:
Section:
(a) NorthWest Frontier Province Civil Servants Act (XVIII of 1973)S. 9Constitution of Pakistan (1973), Art. 212(3)PromotionRespondent's promotion as Assistant Professor in preference to petitioner challengedService Tribunal basing its finding on judgment of High Court whereby High Court on Constitutional petition of respondent had found that case of respondent's promotion pending before Promotion Board should be cleared for promotion and that petitioner was equally eligible ValidityService Tribunal had rightly deduced ratio from judgment of High Court that respondent was declared eligible for promotion as Assistant Professor and that panel of Senior Registrars including petitioner and respondent were equally eligibleEnd result was that all qualified senior Registrars were considered on the touchstone of qualification and experience and correctly found respondent to be entitled to promotion as Assistant ProfessorLeave to appeal was refused in circumstances. Dr. Rahim Gul v. Secretary to Government of N.W.F.P., Health Department, Peshawar 1991 SCMR 1199 rel. (b) NorthWest Frontier Province Civil Servants Act (XVIH of 1973) S. 9Constitution of Pakistan (1973), Art. 212(3)PromotionRespondent's earlier promotion in preference to petitionerService Tribunal had found respondent's promotion to be in accordance with law and rulesValidityRespondent being senior to petitioner and having requisite qualification in speciality of F.C.P.S. (Orthopaedics) was qualified for promotion as Assistant Professor against petitioner who, although had been working for sometime as Senior Registrar (Orthopaedics) yet was otherwise holding qualification of MCPs (General Surgery)Qualification required was of Orthopaedics Surgery and qualification in General Surgery, though would be alike and similar to Orthopaedics Surgery could not be as such utilized as experience in Orthopaedics SurgeryJudgment of Service Tribunal on such basis being correct would warrant no interferenceLeave was refused in circumstances. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.Dr. Shah Wall Khan, petitioner, (in C.P. No.393P/1996) and Dr. S. Amjad Hussain, petitioner (in C.P. No.416P/1996), seek leave to appeal…
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