| Citation(s) |
|---|
| 1998 SLG 1398 1998 SLD 1398 1998 PLC 496 |
Supreme Court of Pakistan
Civil Appeals Nos. 1790 and 1791 of 1996, decided. on 18-11-1997. (On appeal from the judgment of N.W.F.P. Service Tribunal dated 29-i 1-1995 passed in Appeal No.275 of 1993 in both cases).
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND SH. IJAZ NISAR, JJ
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Civil Appeals Nos. 1790 and 1791 of 1996, decided. on 18-11-1997. (On appeal from the judgment of N.W.F.P. Service Tribunal dated 29-i 1-1995 passed in Appeal No.275 of 1993 in both cases).
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND SH. IJAZ NISAR, JJ
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AHMAD ALI, S.E. (STRUCTURE) S.D.O., PESHAWAR and others
VS
GOVERNMENT OF N.W.F.P. through Chief Secretary and others
Law:
Section:
(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)-----S. 8---North-West Frontier Province Government Servants (Appointment, Promotion and Transfer) Rules, 1989, R. 1-7---Constitution of Pakistan (1973), Art. 212(3)---Seniority---Respondent claimed seniority over petitioners in grade of Superintending Engineer on the ground that he was senior to them as Executive Engineer---Respondent's such claim was accepted by Service Tribunal and he was declared senior to petitioners--Validity---Contention of petitioners that in view of decision of Supreme Court Government of Pakistan v. Junejo Muhammad Iqbal (PLD 1987 SC 427), respondent on promotion could not claim seniority over those who were junior to him but promoted during the period he was out of service on account of his dismissal, required further examination---Leave to appeal was, thus, granted in circumstances. Government of Pakistan v. Junejo Muhammad lqbal PLD 1987 SC 427 rel. (b) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S. 8---Seniority---Respondent's dismissal during service and his conditional re-instatement---Effect---Conditions attached to reinstatement of respondent clearly showed that his reinstatement was not the result of exoneration from charges---Fine imposed on respondent was forfeited and he was declared disentitled to claim any benefit of service for the period intervening between his removal and reinstatement in service---Mere treatment of intervening period as extraordinary leave without pay could not override conditions of respondent's reinstatement which debarred him from claiming any benefit of service for the period intervening between his removal from service and re-instatement---Respondent admittedly did not challenge such conditions at the time of his reinstatement in service--Respondent, in presence of such conditions could not claim seniority over appellants especially when appellants were promoted at the time when respondent was out of service on account of his dismissal from service. Government of Pakistan v. Junejo Muhammad lqbal PLD 1987 SC 427 rel. (c) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S.…
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