SECRETARY TO GOVERNMENT OF THE PUNJAB AND Others vs BASHIR AHMAD
This matter arose from two petitions seeking leave to appeal against the order of the Punjab Service Tribunal. The core legal question was whether, in light of the proviso to paragraph 5 of Martial Law Order No. 23 dated 22-10-1977, the Tribunal was legally justified in granting back-dated seniority to respondents who had been retired under Martial Law Regulation No. 114 on 18-3-1972 but were subsequently reinstated and promoted to Extra Assistant Commissioners. The respondents had been granted seniority over their compeers who were promoted during the period the respondents were out of service. The Supreme Court of Pakistan granted leave to appeal to resolve this conflict, declining to stay the Tribunal's order but directing that the cases be heard together with related appeals. The key principle under consideration is the determination of retrospective seniority for reinstated civil servants under Martial Law Order No. 23.
- Whether the Punjab Service Tribunal is justified in conferring back-dated seniority to reinstated civil servants over their compeers who were promoted during the period of the former's retirement under Martial Law Regulation No. 114?
- What is the legal effect of the proviso to paragraph 5 of Martial Law Order No. 23 of 1977 on the seniority of reinstated officers?
- Paragraph 5, Martial Law Order No. 23 of 1977
- Martial Law Regulation No. 114 of 1972
ORDER
1. M. S. H. QURAISHI, J.-Leave to appeal is granted in these two petition to consider whether in view of the proviso to para. 5 of M. L. O. No. 23 dated 22-10-1977, the Punjab Service Tribunal was justified in conferring On respondents Bashir Ahmad Kamlana and Syed Kabir Hussain Shah who had been retired under M. L. R. 114 on 18-3-1972 but had later been reinsta--ted into service and promoted to be E. A. Cs. With effect from 21-3-1978 ^' and 1-8-1978, respectively, back-dated seniority over their conferees who bad been promoted during the period the said respondents had been put out of service. The Tribunal's order is not stayed but we direct that both the cases shall be placed before the coming Appeal Bench alongwith appeals arising out of C. P. 797 of 1982 and C. P. 770 of 1982.