Dr. NASEER MAHMOOD AKHTAR and another vs Dr. MAHMOOD ALI MALIK and another
This matter concerns petitions for special leave to appeal against a judgment of the Punjab Service Tribunal regarding the determination of seniority between two professors, Dr. Mahmood Ali Malik and Dr. Naseer Mahmood Akhtar. The core legal question involves the criteria for seniority in the higher grade of Professor when two individuals were promoted at different times but held different seniority statuses in the lower grade of Assistant Professor. The Punjab Service Tribunal had previously ruled in favor of Dr. Mahmood Ali Malik, declaring him senior based on his earlier appointment as an Assistant Professor, despite his later promotion to Professor. The Supreme Court of Pakistan granted leave to appeal, noting that the Tribunal's decision relied on a precedent case (Dr. (Mrs.) Shamim Raza Bukhari v. Government of the Punjab) which is itself currently under appeal before the Supreme Court in another matter. Consequently, the Court granted leave to appeal to resolve the conflicting claims of seniority, allowing parties to raise additional relevant questions of law.
- Does seniority in a lower grade automatically determine seniority in a higher grade upon promotion?
- Can a Service Tribunal rely on a judgment that is currently pending appeal before the Supreme Court?
ORDER
1. ' NASIM HASAN SHAH, J.--This order will dispose of both the above-noted petitions for special leave to appeal.
2. ' The relevant facts are that Dr.Mahmood All Malik (respondent No,1 in both the petitions) was appointed as an Assistant Professor on 9-12-1966, as a direct recruit. He was promoted as Professor of Medicine on 20-11-1973. His contestant Dr. Naseer Mahmood Akhtar (petitioner in Civil Petition No,1227 of 1983) was also appointed as an Assistant Professor, as a direct recruit on 17-4-1968 but he was promoted as a Professor earlier on 19-7-1971 as Professor of Orthopaedics Surgery.
3. ' Accordingly, in the joint seniority list of Professors issued on 20-8-1981 Dr. Mahmood Ali Malik was shown at Serial No,36 while Dr. Naseer Mahmood Akhtar was shown higher up in the said list, at Serial No,19. Dr. Mahmood All Malik represented against the fixation of his seniority below to Dr. Naseer Mahmood Akhtar claiming that he being senior in the lower grade was entitled to the rank senior in the higher grade of Professors, after having been promoted thereto, even though at a later date. But this representation was rejected on 27-71982. He thereupon filed an appeal before the Punjab Service Tribunal challenging the seniority list dated 20-8-1981. This appeal was accepted by the learned Tribunal vide judgment and order dated 18-6-1983 and the aforesaid seniority list set aside and Dr. Mahmood All Malik declared senior to Dr. Naseer Mahmood Akhtar. The last- mentioned order has been challenged both by Dr. Naseer Mahmood Akhtar (by Civil Petition No,1227 of 1983) and the Government of Punjab (by Civil Petition No,1229 of 1983).
4. The learned counsel on behalf of the petitioners in both the said petitions have submitted that the learned Service Tribunal while accepting the appeal of Dr. Mahmood All Malik relied on its own judgment in the case of Dr.(Mrs.) Shamim Raza Bukhari v. Government of the Punjab and another (Appeal No,197/412 of 1979) but that this Court has granted leave to appeal against the aforesaid judgment of the Service Tribunal vide order dated 20-12-1981 passed in Civil Petitions Nos.868 and 974 of 1981 (Prof. Dr. Nazir Alam Naru v. Government of the Punjab and another).
5. ' Leave to appeal is granted in these cases as well. The parties will, however, be at liberty to canvass questions, other than those arising in the aforesaid case, which fall for determination in the circumstances of the present cases.
6. ' The appeals shall be made ready on the present record with liberty to the parties to add further documents if any and put up for hearing at an early date.