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Petitioner: MUHAMMAD NABI VS Respondent: THE SECRETARY, ESTABLISHMENT DIVISION and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah Title: MUHAMMAD NABI vs THE SECRETARY, ESTABLISHMENT DIVISION and others Case No.: Civil Petition No,342-R of 1989 Date of Judgment:1989-10-11 Reported As: 1990 SCMR 1481 Result: Order accordingly
Judgment ORDER ' NASIM HASAN SHAH, J.---In the impugned order of the Service Tribunal it has been inter-alia observed:- "Since all the posts in various offices, under the control of the Resident Commissioner for Northern Area, paid out of development budget, as they were existing on 16-10-1973, were brought on permanent footing from that date, as aforesaid, the appointment of the appellant and the respondents against some of those posts stood regularised. In that eventuality they could count their previous service for all purposes including seniority. It follows that the respondents who were appointed as Assistant Engineers earlier than the appellant were rightly allowed seniority over the appellant and he has no case to succeed". ' (underlinings by us) ' According to the learned counsel for the petitioner the earlier appointments of the respondents were in the capacity of Work-charge/Ad hoc Assistant Engineers only and such appointments did not entitle them to the benefits of seniority. This question is not free from difficulty. ' Notice to respondents Nos.1 to 4 (for a date to be fixed by the office) who shall depute an official or a counsel, fully conversant with the facts of the case, to appear before the Court and explain the authority on which the observations underlined above are based.