| Citation(s) |
|---|
| 2010 SLG 2298 2010 SLD 2298 2010 PLC 357 |
Supreme Court of Pakistan
Civil Petition No.1206 of 2008, decision dated: 19-06-2009. (On appeal from the judgment, dated 30-6-2008 passed by the Federal Service Tribunal, Islamabad in Appeal No.43(R)(C.S.) of 2005).
JAVED IQBAL, CH. EJAZ YOUSAF AND SARDAR MUHAMMAD ASLAM, JJ
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Civil Petition No.1206 of 2008, decision dated: 19-06-2009. (On appeal from the judgment, dated 30-6-2008 passed by the Federal Service Tribunal, Islamabad in Appeal No.43(R)(C.S.) of 2005).
JAVED IQBAL, CH. EJAZ YOUSAF AND SARDAR MUHAMMAD ASLAM, JJ
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Mrs. RASHIDA ASIF
VS
Mrs. AASIA GONDAL and others Mrs. RASHIDA ASIF vs Mrs. AASIA GONDAL and others
Law:
Section:
Civil Servants Act (LXXI of 1973)-------S. 8---Constitution of Pakistan (1973), Art.212(3)---Seniority---Determination---Grievance of petitioner was that respondent was junior to her but she had been placed senior to her in seniority list---Validity---In provisional seniority list and final seniority list, petitioner was shown as junior to respondent and that position was never objected or challenged---Petitioner got up from deep slumber after so many years for the reason best known to her---Supreme Court found it too late to reverse existing seniority position which was determined in year, 1995---It was not discretion of competent authority to change seniority position assigned to a Government employee without any lawful justification---Petitioner failed to raise substantial question of law of public importance and in absence whereof leave to appeal might not be granted---No infirmity or illegality could be pointed out in the passed by Service Tribunal and the same being unexceptionable and well based did not warrant interference---Leave to appeal was refused. WAPDA v. Abbas Ali Malano 2004 PLC (C.S.) 1; Ikram Bari and 524 others v. National Bank of Pakistan through President and others 2005 SCMR 100; Bashir Ahmad v. Mahmud Ali Khan PLD 1960 SC 195; Syed Ali Hasan Rizvi v. Islamic Republic of Pakistan 1986 SCMR 1086; Muhammad Azhar Khan v. Service Tribunal, Islamabad 1976 SCMR 262; Water and Power Development Authority v. Abdur Rashid Dar 1990 SCMR 1513; Sher Bahadar v. Government of N.-W.F.P. 1990 SCMR 1519; Nazakat Ali v. WAPDA 2004 SCMR 145; Muhammad Iqbal v. Secretary to Government of Punjab 1986 SCMR 1; Karamat Hussain v. Province of the Punjab 1982 SCMR 897; Razia Sultana v. Government of Punjab 1981 SCMR 715; M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22; Irtiqa Rasool Hashmi v. WAPDA 1980 SCMR 722; Dilbar Hussain v. Province of Punjab 1980 SCMR 148; Yousaf Hussain Siddiqi v. Additional Settlement and Rehabilitation Commissioner, Peshawar 1976 SCMR 268; M.A. Majid v. Government of Pakistan 1976 SCMR 311; Director Food v. Rashid Ahmad 1990 SCMR 1446; 1990 SCMR 560; Province of Punjab through A.I.G. P., Lahore v. Rao Abdul Jalil Khan…
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