Pakistan Case Law
1983 SCMR 96

KHALID MAHMOOD AND Others vs MUHAMMAD AKRAM SHEIKH AND Other

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Citation1983 SCMR 96
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeals Nos. 714, 715 and 716 of 1981
Date1981-08-25
Judge(s)Karam Elahee Chauhan and M. S. H: Qureshi
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns three Civil Petitions for Special Leave to Appeal regarding the determination of seniority of civil servants. The core legal question before the Supreme Court of Pakistan was whether the order passed by the Service Tribunal was based on correct statutory and legal principles applicable to the determination of seniority for civil servants. Upon review, the Court granted leave to appeal to examine the validity of the Tribunal's decision. Regarding the prayer made by the petitioners to suspend the operation of the impugned order pending the final adjudication of the appeals, the Court found no sufficient justification to grant such interim relief. Consequently, the Court proceeded to grant leave to consider the merits of the legal questions raised concerning seniority determination, while declining to stay the operation of the impugned order. The judgment serves as a procedural step in the appellate process, focusing on the necessity of reviewing the Tribunal's application of seniority rules without disturbing the existing order during the pendency of the proceedings.

Questions settled in this judgment
  • Is there sufficient justification to suspend the operation of a Service Tribunal's order regarding civil servant seniority pending an appeal?
  • Does the Supreme Court have grounds to grant leave to appeal to examine the statutory principles applied by a Service Tribunal in determining seniority?
civil serviceseniority determinationservice tribunalleave to appealinterim relief

ORDER

KARAM ELAHEE CHAUHAN,. J..-This order will cover three Civil Petitions for Special Leave to Appeals bearing Nos. 714/81, 715/81 and 716/81,

2. Leave is granted to consider whether the order of the Tribunal is based on correct statuory and other legal principles applicable to cases of this A type in determining seniority of the civil servants.

Prayer was made to suspend the operation of the impugned order. We feel no justification to do so.

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