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Petitioner: M. R. QURESHI VS Respondent: GOVERNMENT OF WEST PAKISTAN
1969 S C M R 33
1969 S C M R 33
Present: Muhammad Yaqub Ali and Abdus Sattar, JJ
M. R. QURESHI AND 9 OTHERS‑Petitioners
versus
GOVERNMENT OF WEST PAKISTAN THROUGH CHIEF SECRETARY AND OTHERS‑Respondents
Civil Petition for Special Leave to Appeal No. 337 of 1966, decided on 9th. October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan Lahore, dated the 8th July 1968, in Writ Petition No. 625‑S of 1968).
Government servant---
--‑Approbation and reprobation‑Govern ment in a previous pending litigation obtaining leave to appeal from order of High Court by which benefit of war services was given to a number of Assistants employed in Civil Secretariat and yet subsequently itself granting presumptive seniority to some other employees on basis of war services benefit ‑Special Leave to Appeal granted by Supreme Court to person whose seniority had thus been affected adversely.
D. M. Awan, Advocate Supreme Court, instructed by Masood Akhtar Sheikh, Attorney for Petitioners.
Raja Said Akbar, Advocate‑General West Pakistan (Dilawar Mahmood, Assistant Advocate‑General, with him) instructed by Ijaz Ali, Attorney for Respondent No. 1.
Nemo for Respondents Nos. 2 to 5.
Date of hearing : 9th October 1968.
ORDER
MUHAMMAD YAQUB ALI, J.‑The subject‑matter is the validity of a letter dated 16th January 1968, No. S(R)‑73/2‑6/65‑S. O. XIII issued by the Additional Chief Secretary to the Government of West Pakistan and the order dated 11‑4‑1968 granting presump tive seniority to respondents 2 to 5 on the basis of war services benefit.
The Advocate‑General who has filed a caveat admits that in Civil Petitions Nos. 99, 100 and 101 of 1967 the West Pakistan Government obtained leave to appeal from the order of the High Court by: which the benefit of war services was given to a number of Assistants employed in the Civil Secretariat. In the present case the Government has, however, taken up a con tradictory stand and allowed the benefit of war services to the respondents by which the petitioners' seniority has been adversely affected.
Leave to appeal is granted. Security‑Rs. 1,000. Status quo to be maintained till the disposal of the appeal.
Leave granted.