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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: WALAYAT HUSSAIN RAJA VS Respondent: SECRETARY, ESTABLISHMENT DIVISION And Other
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Afzal Zullah Title: WALAYAT HUSSAIN RAJA vs SECRETARY, ESTABLISHMENT DIVISION And Other Case No.: Civil Petition for Leave to Appeal No.395-R of 1985 Appeal No.98(R)/83 Date of Judgment:1986-12-08 Reported As: 1987 SCMR 418 Result: Leave granted
Judgment ORDER MIAN BURHANUDDIN KHAN, J.-- Leave is sought against the' order dated 1st July, 1985 passed by the Federal Service Tribunal, Islamabad in Appeal No. 98 (R) of 1983 on the grounds:- (a) That the Service Tribunal was not justified in basing its decision on seniority on Establishment Division's O.M.1/2/75-ARC, dated 13-i1-1976 which had already been replaced by Establishment Division O.M. No.10/1/74-C.III (A), dated 17-2-1979. Thus the base of decision on an Office Memorandum which did not exist at the time of the preparation of seniority list, is wholly erroneous in law; (b) That the Service Tribunal was not justified in holding that the appointment under para 6 of the O.M. Of 1975 were subject to any quota. In this connection it is contended that this Court has already granted leave to appeal to consider this very point in Civil Petition No. 695-R of 1985 titled Fazal-e-Kadir v. Secretary Establishment Division and others; (c) That the Service Tribunal was not justified in accepting the position that appointment of Officers under para 4 of the O.M. Of 1975 could be made in excess of departmental quota prescribed by Rules. 2.We have examined the points inter alia raised by the learned counsel for the petitioner. In this petition leave to appeal is granted. To be heard along with appeals arising out of Civil Petitions Nos. 695-R to 697-R of 1983, in which leave was granted on the 3rd November, 1984.