Law:

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North-West Frontier Province Service Tribunals Act (I of 1974)----S. 4---Civil Procedure Code (V of 1908), Ss. 12(2) & 151--¬Constitution of Pakistan (1973), Art.212(3)---Seniority---Recall of earlier order by Service Tribunal affecting seniority of non-party to appeal--¬Tribunal modified its earlier by giving effect to the of Supreme Court dated 12-5-1990 directing the authority to issue revised seniority list by assigning the appellant seniority from such date---Validity---Appellant could not be senior to the respondent, who had been promoted on regular basis earlier on 6-2-1990---Other respondent had been promoted from 8-1-1991, thus, appellant would be placed senior to him---Earlier .of Tribunal had affected rights of both the respondents without impleading or providing them any opportunity of hearing--Tribunal had done substantial justice between parties---Supreme Court dismissed the appeal. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---This appeal, by leave of the Court, is directed against order dated 13-8-2002 passed by the N.-W.F.P. Service Tribunal, Peshawar (hereinafter referred to as the Tribunal) on the applications under section 12(2) read with section 151, C.P.C. of the respondents Nos. 1 and 2, whereby judgment dated 17-6-1991 in Service Appeal No. 174,of 1989 was clarified/modified. 2. The appellant and one Dr. Riaz Ahmad were appointed as Assistant Professors of Surgery (BS-18) through N.-W.F.P. Public Service Commission (hereinafter referred to as the Commission) with effect from 16-9-1978. They were promoted as Associate Professors of Surgery (BS-19) on 19-7-1980. The appellant was further promoted as Professor of Surgery (BS-20) with effect from 10-1-1988 on acting charge basis vide Notification dated 10-1-1988 read with corrigendum Notification dated 13-1-1998. There were three rounds of litigation up to this Court between the appellant and Dr. Riaz Ahmad regarding their merit and seniority inter se as determined by the Commission. Finally, Dr. Riaz Ahmed was declared senior to the appellant. Therefore, the appellant was reverted to the post of Associate Professor of Surgery (BS-19) by the Government of N.-W.F.P. by Notification dated…

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