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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: M. SIRJEES NAGI VS Respondent: ZIAUDDIN AHMED MALIK and 2 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Bashir Jehangiri, Fazal Ilahi Khan, Saeeduzzaman Siddiqui Title: M. SIRJEES NAGI vs ZIAUDDIN AHMED MALIK and 2 others Case No.: Civil Petition No,440-C&M of 1995 W.P. No,931 of 1995 Date of Judgment:1995-09-13 Reported As: 1998 SCMR 1213 Result: order granted
Judgment ORDER ' SAIDUZZAMAN SIDDIQUI, J.---The petitioner, inter alia, contends that the dispute raised by respondent No,1 in his Writ Petition No,931 of 1995 before the High Court related to the terms and conditions of service and therefore, the jurisdiction of High Court under Article 199 of the Constitution of Islamic Republic of Pakistan was barred. It is also contended that the application for grant of status quo was dismissed by the High Court on 24-7-1995 and against that order respondent No,1 had filed Civil Petition for Leave to Appeal No,371 of 1995 in this Court which is pending, and therefore, the subsequent status quo by the High Court on 13-8-1995 was obtained by suppression of the facts regarding pendency of Civil Petition for Leave to Appeal No,371 of 1995. In addition to these contentions, the petitioner further submitted that the order of status quo granted by the High Court was in direct conflict with the order of this Court dated 26-3-1995 passed in Civil Appeal No,226 of 1993. The contentions raised by the petitioner requires examination and we, accordingly, grant leave to appeal. The petitioner has filed an application for suspension of the status quo by the High Court. After hearing the petitioner, respondents Nos.1 and 3 and learned Deputy Attorney-General, who was present in Court in some other case, we direct that the status quo by the High Court is suspended with direction to respondent No,2 that in case any meeting of Selection Board is convened for A promotion of the officers to BPS.21, then all the eligible candidates will be considered in the said meeting.