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1999 SCMR 2362 [Supreme Court of Pakistan] Present: Raja Afrasiab Khan and Sh. Riaz Ahmed, JJ MAHMOODUL HASSAN ZIA and another---Petitioners versus PROVINCE OF PUNJAB---Respondent Civil Petition No. 1912-L of 1998, decided on 26th January, 1999. (On appeal from the order of the Lahore High Court dated 13-11-1998 passed in Writ Petition No. 23426 of 1998). Constitution of Pakistan (1973)--Art. 185(3)---Civil service---Seniority---Fixation of---Withdrawal of seniority---Leave to appeal was granted by Supreme Court to examine contentions that seniority already fixed in the case of petitioners, could not be withdrawn arbitrarily and without having proper recourse to law; that petitioners being the permanent incumbents of the department, their training period could not be excluded while fixing their seniority as required by law; and that petitioners having been promoted to next grade in lieu of seniority fixed by competent forum, could not be demoted and that Chief Executive of the Province had no lawful authority to fix the seniority of the petitioners and, as such, could not exclude the jurisdiction of the competent forum. Rana Abdul Rahim Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Ashtar Ausaf Ali, Advocate-General, Punjab for Respondent. Date of hearing 26th January, 1999. ORDER On 13-11-1998, Writ Petition No.23420 having been filed by the petitioners was dismissed by the High Court with the following order:---- "The petitioners through this Constitutional petition have challenged administrative decision taken by the Chief Minister, Punjab contained in order, dated 28th of October, 1998. The petitioners will have opportunity to raise these objections in the appropriate forum. At this stage the learned counsel for the petitioners submits that the petitioners have already received notice from the Section Officer (Revenue), Government of the Punjab, Revenue Department calling upon the petitioners for personal hearing. This gives an opportunity to the petitioners to raise all objections legal and factual on personal hearing. The petition is dismissed as incompetent. " This is a petition for leave to appeal…

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