Case Details

Citation(s)
2002 SLG 1813 2002 SLD 1813 2002 PLC 755
Supreme Court of Pakistan
Civil Appeal No. 1947 of 2000, decision dated: 19-09-2001. (On appeal from the judgment dated 5-10-2000 of the Punjab Subordinate Judiciary Service Tribunal, Lahore High Court, Lahore, passed in Service Appeal No.5 of 1-993).
CH. MUHAMMAD ARIF, QAZI MUHAMMAD FAROOQ AND MIAN MUHAMMAD AJMAL, JJ

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MUHAMMAD AMJAD ALI KHAN and others

VS

SHAFIQ AHMED and others

Law:

Section:

(a) West Pakistan Civil Servants (Judicial Branch) Rules, 1962-------R.9---Punjab Subordinate Judiciary Service Tribunals Act (XII of 1991), S.5---Constitution of Pakistan (1973), Art.212(3)---Appointment in subordinate judiciary---Contention of the petitioners was that the prayer made by the contesting respondents in the Intra-Court Appeal that they be adjusted against the additional 50 posts would be deemed to have been rejected in view of the direction that their appointment be made against-the future vacancies; the contesting respondents had accepted the offer of their appointment against future posts, therefore, the matter had become past and closed and the Tribunal had no jurisdiction to re-open the same; the 50 posts against which the contesting respondents had sought appointment were filled in before the disposal of the Intra-Court appeal, therefore, in view of the rendered therein they were entitled to appointment against future vacancies i.e. the vacancies becoming available after the and their seniority was to be determined accordingly and the appointees against the 50 posts ought to have been heard before making an order prejudicial to their interest qua seniority---Leave to appeal was granted by Supreme Court to consider the contentions of the petitioners. (b) West Pakistan Civil Servants (Judicial Branch) Rules, 1962--- ----R.9(a)---Punjab Subordinate Judiciary Service Tribunals Act (XII of 1991), S.5---Seniority list---Objection to---Appointment against additional posts---Vacancies of 28 Civil Judges were filled by the Public Service Commission in the year 1987, respondents were also declared successful but they were not appointed---While the competitive examination for the 28 posts was being held, another requisition for recruitment against 50 posts of Civil Judges was sent to the Commission---Respondents approached the High Court for their appointment and finally they were appointed as Civil Judges against future posts for which requisition had already been placed before the Commission---Respondents, in the seniority list prepared after the appointment of the parties were placed below the appellants who were appointed as a result of competitive…
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