| Citation(s) |
|---|
| 2007 SLG 1473 2007 SLD 1473 2007 SCMR 1748 |
Supreme Court of Pakistan
Civil Petition No.1900 of 2004, decision dated: 4-10-2004
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ
Abdul Karim Khan Kundi, Advocate.Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Hafiz S.A. Rehman, Senior Advocate Supreme Court and Niaz Ahmed Rathore, Advocate Supreme Court for
Respondent. Ms. Nahida Mehboob Elahi, D.A.G. for
Civil Petition No.1900 of 2004, decision dated: 4-10-2004
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ
Abdul Karim Khan Kundi, Advocate.Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Hafiz S.A. Rehman, Senior Advocate Supreme Court and Niaz Ahmed Rathore, Advocate Supreme Court for
Respondent. Ms. Nahida Mehboob Elahi, D.A.G. for
Dr. MUHAMMAD SIDDIQUE
VS
Dr. RIFFAT AYSHA ANIS and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art.212(3)---Appeal---Delay, condonation of---Seniority List challenged by appellant by filing representation in time before competent authority---Appellant followed up such matter by filing various representations and continuously agitating her grievance---Officers concerned gave repeated assurances to appellant for redressal of her grievance, which fact prevented her from approaching Service Tribunal in time---Service Tribunal in such circumstances condoned delay occurred in filing appeal---Supreme Court declined to interfere with such exercise of discretion by Tribunal. Attaullah Brohi v. Sindh Agricultural Supplies Organization and others 2004 PLC (C.S.) 1300; Rashid Ahmad Tahir v. Superintendent of Police 1990 SCMR 1518; Mst. Sirajun Munira v. Pakistan through Assistant Deputy Director-General (Admit.) Islamabad 1998 SCMR 785; Government of the Punjab through Secretary (Services) and another v. Muhammad Saleem PLD 1985 SC 396; Abdul Majeed and others v. Hamida Bibi and others 2002 SCMR 416 and Khan Muhammad and others v. Mst. Zainb Bibi through legal heirs and others 2000 SCMR 1227 ref. Baber Gul and another v. Sohail Ahmad Sheikh and others 2002 SCMR 581 and Managing Director, Sui Southern Gas Company Ltd., Karachi v. Ghulam Abbas and others 2003 'PLC (C.S.) 796 rel. (b) National Institute of Health Ordinance (XLIII of 1980)--- ----S. 4---National Institute of Health (Service) Rules--Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Promotion in BPS-19 as Chief of Nutrition Division---Departmental Promotion Committee deferred promotion of -Respondent (qualified in Nutrition and being senior to -Petitioner) and placed her in "Miscellaneous" cadre, but promoted -Petitioner (qualified in Biochemistry and being junior than -Respondent) having no experience in Nutrition .section except a certificate given to him by Executive Director---Validity---Such certificate could not be treated as a degree or qualification for entitling -Petitioner to promotion in field/division of Nutrition----Petitioner was placed in Bio-Chemistry discipline…
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