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Petitioner: ZAMEER HUSSAIN VS Respondent: MUJEEB-UR-REHMAN
1998 S C M R 2733
1998 S C M R 2733
[Supreme Court of Pakistan]
Present: Ajmal Mian and Fazal 1lahi Khan, JJ
ZAMEER HUSSAIN---Petitioner
versus
MUJEEB-UR-REHMAN and others---Respondents
Civil Petition for Leave to Appeal No.286 of 1995, decided on 6th November, 1995.
(On appeal from the judgment dated 26-4-1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No.475(R) of 1994).
Civil Servants Act (LXXI of 1973)---
----S. 8---Constitution of Pakistan (1973), Art. 212(3)---Seniority---Civil servant's claim of seniority over petitioner was allowed by Service Tribunal-- Validity---Leave to appeal was granted to petitioner to consider; whether seniority list placing petitioner senior to civil servant (respondent) upon his . representation acquired finality; and whether the factum, that in lower cadre, petitioner was placed senior to civil servant (respondent) entitled him to be shown as senior to civil servant by virtue of proviso to S. 8(4), Civil Servants Act, 1973.
Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 6th November, 1995.
ORDER
AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 26-4-1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No.475(R) of 1994 filed by respondent No. l claiming seniority over the petitioner in the cadre of U.D.C., allowing the same. The petitioner has, therefore, filed the present petition for leave to appeal.
2. We have heard Mr. Muhammad Munir Peracha, learned Advocate Supreme Court for the petitioner, and we are inclined to grant leave to consider the following questions:--
(i) Whether the seniority list dated 25-1-1989 placing the petitioner senior to respondent No. l upon his representation acquired finality? and
(ii) Whether the factum, that in the lower cadre, namely, L.D.C. the petitioner was placed senior to respondent No.1, entitled him to be shown as senior to respondent No.1 by virtue of proviso to [ subsection (4) of section 8 of the Civil Servants Act, 1973.
Leave is, accordingly, granted.
A.A./Z-12/S Leave granted.