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Petitioner: MUHAMMAD ZULFIQAR ALI KHAN VS Respondent: PROVINCE OF THE PUNJAB And Another
Court Name: Supreme Court of Pakistan Judge(s): Saad Saood Jan, Rustam S. Sidhwa Title: MUHAMMAD ZULFIQAR ALI KHAN vs PROVINCE OF THE PUNJAB And Another Case No.: Civil Petition No.343 of 1988 Date of Judgment:1990-01-24 Reported As: 1991 SCMR 1803 Result: Petition dismissed
Judgment ORDER SAAD SAOOD JAN, J.-The petitioner is an Additional District and Sessions Judge. He has been placed junior to respondent No. 2 in the seniority list of Additional District and Sessions Judges. His departmental representation as well as the appeal before the Provincial Service Tribunal have failed. He now seeks leave to appeal from this Court. 2. Admittedly, in the grade of Civil Judges, the petitioner was senior to respondent No. 2. However, on 8-5-1979, the Provincial Selection Board while considering promotion of Civil Judges to the rank of Additional Sessions Judges declared him unfit on account of indifferent service record. On the other hand, it approved respondent No. 2 for promotion. Thus, the petitioner stood superseded by respondent No. 2. The petitioner was not approved for promotion till 10-3-1981. Since the petitioner was specifically superseded by respondent No. 2, he could not claim seniority over the latter in the grade of Additional District and Sessions Judges. This petition is without any merit and is hereby dismissed.