Law:

Section:

Constitution of Pakistan (1973)--Art.212(3)---Seniority---Leave to appeal was granted to consider whether or not Service Tribunal was legally justified in considering and allowing appeal of contesting respondent on merits without recording any reason for condonation of delay, when a preliminary objection to this effect was specifically taken by the respondent Government; whether under the law seniority of contesting. respondent, in the cadre to which he was promoted on specified date, could take effect from a retrospective earlier date as allowed by Service Tribunal over the heads of other persons who had been promoted earlier and had superseded said respondent; whether decision of Service Tribunal did not amount to determination of fitness of contesting respondent to hold a particular post or to be promoted to a higher post or grade in respect of which no appeal was lying before Service Tribunal; whether remission of penalty of stoppage of promotion imposed upon contesting respondent, entitled him to be considered for promotion retrospectively; whether or not Countersigning Authority was competent under law to disagree with Reporting Officer in the matter of A.C.Rs. and whether the Reporting Officer or countersigning Authority were duty bound to justify the adverse remarks by producing evidence before Service Tribunal; and whether or not Service Tribunal in granting retrospective seniority to contesting respondent and in expunging adverse remarks passed in his A.C.Rs. for the specified years, had not misappreciated facts and erred in law. Nemo for Petitioners. (in C.P. No. 221-P of 1988). Mian Muhammad Ajmal Additional Advocate-General, N: W.F.P. and Nur Ahmad, Advocate-on-Record (absent) for Respondents Nos. 2 and 3. (in C.P. No. 221-P of 1988 and for Petitioners in C.Ps.1-P, 2-P, 3-P and 5-P of 1989). ORDER RUSTAM S. SIDHWA, J.--This order will dispose of five petitions, C.P.LA. No. 221-P of 1988, C.P.LA. No. 1-P of 1989, C.P.LA. No. 2-P of 1989, C.P.L.A. No.3-P of 1989 and C.P.LA. No.5-P of 1989. The first filed by Raj Muhammad Khan and others and the fifth by the Government of N.-W.F.P. and another seek leave to appeal against the judgment of the N.-W.F.P.…

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