Pakistan Case LawABDUL SATTAR MALIK Versus GOVERNMENT OF PUNJAB
This is an appeal directed against the order of a learned Single Judge of the Lahore High Court dated 8-10-1977. The core legal question concerns the maintainability of an appeal seeking seniority over other engineers of the Lahore Municipal Corporation without impleading them as parties. The court held that since the persons over whom the appellant seeks seniority are necessary parties, no relief can be granted in their absence. The appeal was accordingly dismissed, with the observation that the appellant is at liberty to approach the relevant authorities for redress. The key principle laid down is that necessary parties must be impleaded in service matters where seniority is contested, failing which the petition or appeal is liable to be dismissed.
- Can relief regarding seniority be granted in the absence of necessary parties?
- What is the consequence of failing to implead persons over whom seniority is claimed?
ALI HUSSAIN QAZILBASH, J.--This is an appeal from the order of a learned Single Judge of the Lahore High Court, dated 8-10-1977.
2.The facts of this case need not be given and suffice it to say that the appellant claims seniority over a number of Engineers of the Lahore Municipal Corporation but he has failed to implead them as party in this appeal. Admittedly the persons over whom the appellant seeks seniority are necessary parties and, therefore, in their absence no relief can be granted to the appellant. We have thus no other alternative but to dismiss this appeal with no order as to costs. The appellant is, however, at liberty to approach the relevant authorities to seek his redress.
Judges on this bench
- Nasim Hasan Shah3,148 judgments
- Ghulam Mujaddid382 judgments