1998 SCMR 2733

ZAMEER HUSSAIN Versus MUJEEB-UR-REHMAN

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Citation1998 SCMR 2733

CourtSupreme Court of Pakistan

Case No.Civil Petition for Leave to Appeal No.286 of 1995

Date1995-11-06

Judge(s)Ajmal Mian and Fazal 1lahi Khan

Authored byAjmal Mian

ResultLeave granted

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.