MUHAMMAD ASLAM AWAN, ADVOCATE SUPREME COURT vs FEDERATION OF PAKISTAN and others
This matter comes before the Supreme Court of Pakistan by way of a constitutional petition regarding the determination of inter se seniority of Judges of a High Court. The core legal question concerns the proper method of reckoning seniority among Additional Judges and permanent Judges of High Courts, particularly regarding appointment dates and elevation from the Bar versus service. The Court held and declared that the inter se seniority of Judges of a High Court shall reckon from the order and date of their appointment as Additional Judges of that Court, and that the inter se seniority of Additional Judges appointed vide the same order and date shall reckon from their seniority in age, with specific rules preserving existing departmental seniority for service candidates vis-a-vis candidates from the Bar. The petition was accordingly dismissed.
- From what date does the inter se seniority of Judges of a High Court reckon?
- How is the inter se seniority of Additional Judges of a High Court appointed vide the same order and date determined?
- What principle applies to the seniority of service candidates simultaneously appointed with candidates from the Bar?
ORDER
TASSADUQ HUSSAIN JILLANI, C.J.---For reasons to be recorded to be recorded later in the detailed judgment, we hold and declare as under:--
(i) that the inter se seniority of Judges of a High Court shall reekon from the order and date of their appointment as Additional Judges of that Court.
(ii) that the inter se seniority of Additional Judges of a High Court appointed vide the same order and date shall reekon from their seniority in age. If appointment of two or more service candidates is simultaneously made with that of the candidate from the Bar, the service Judges shall retain their existi seniority in the department regardless of their age, though th would be the determining factor in respect of their seniority vis-a-vis the candidates from the Bar. This principle has consistently been followed without exception ever-since the establishment of the High Courts in Pakistan and is even A otherwise in accord with the equitable dispensation of justice.
2. With the above observations and declaration, this petition is dismissed. {{PAGES CUT}} revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.