Case Details

Citation(s)
2010 SLG 336 2010 SLD 336 2010 PLD 160

I.-C.As. Nos. 518 of 2008 and 305 of 2009 and W.P.No. 19717 of 2009, decided on 18th January, 2010. DATE of hearing: 14th December, 2009
SH. AZMAT SAEED AND SYED MANSOOR ALI SHAH, JJ
Abid Hassan Minto, Mian Abdul Ghaffar and Jahazeb Bharwana for Appellant. Faisal Zaman, Addl.A.G. with M. Farooq Raja, Dy. Director (Legal), PPSC, Lahore for
Respondent

SHAZIA MUNAWAR

VS

PUNJAB PUBLIC SERVICE COMMISISON through Secretary, Lahore

Law: Punjab Judicial Service Rules, 1994

Section: 7(1)(a),12

Law: Civil Procedure Code (V of 1908)

Section: OrderVII,Rule11

Law: Punjab Public Service Commission Regulations, 1987

Section: 11,8

(a) Law Reforms Ordinance (XII of 1972)--- ----S. 3---Intra-Court Appeal---Limitation---Office objection, removal of---Appeal was originally filed on last day of limitation and office raised some objection to be removed within seven days---Appeal was reified two or three days beyond the time allowed by office to remove the objection---Validity---Appeal having been filed within prescribed period could not be held to be barred by limitation--Office should have placed the appeal before Court to be dealt with in accordance with law---Appellants could not be accused of being contumacious or negligent, as time taken for removal of unclear objection was only 2 or 3 days more than the time allowed specially when it was not on record as to when notice in such behalf was issued to appellant or when list of objection case was actually displayed by office---Intra-Court Appeal was not barred by limitation in circumstances. Mst. Sabiran Bi v. Ahmad Khan and another 2000 SCMR 847 fol. (b) Law Reforms Ordinance (XII of 1972)--- ----S.3---Intra-Court Appeal---Limitation---Administration of justice---More than one appeals---Even if one appeal or proceedings are barred by limitation, it should be heard and decided on merits where connected appeal or proceedings involving identical legal questions arising from same order has been filed within time. Mehreen Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397 rel. (c) Punjab Public Service Commission Regulations, 1987--- ----Regln. 11---Punjab Judicial Service Rules, 1994, R. 7---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Civil Judges-cum-Judicial Magistrates---Eligibility of candidate---Experience---Determination---Last date of submission of form / date of advertisement---Relevancy---Appellants applied for the posts of Civil Judges-cum-Judicial Magistrates but their application forms were rejected on the ground that they did not possess required length of practice on the date when vacancies were advertised in newspaper---Validity---For the purpose of selection and appointment through Punjab Public Service Commission, the relevant date prescribed by law for calculating experience was closing date…
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