SALAHUD DIN vs GOVERNMENT OF N.W.F.P. through Secretary, Education and 84 others
This matter concerns a petition for leave to appeal filed by a Lecturer challenging an order of the Service Tribunal, N.-W.F.P., which dismissed his service appeal regarding a dispute over seniority. The core legal question before the Supreme Court is to determine the impact and applicability of the precedent established in the case of Muhammad Rahim, Lecturer and 28 others v. Muhammad Aurangzeb, Lecturer and 94 others (1986 SCMR 873) on the petitioner's seniority claim. The Supreme Court, upon hearing the counsel, granted leave to appeal, holding that the case requires a detailed examination of the aforementioned precedent in relation to the petitioner's circumstances. The Court directed that the appeal be prepared on the existing record, with liberty granted to the parties to submit any additional documents deemed necessary for the final adjudication of the dispute.
- Does the judgment in Muhammad Rahim v. Muhammad Aurangzeb (1986 SCMR 873) govern the seniority dispute of the petitioner?
- Is a service appeal regarding seniority subject to further review by the Supreme Court upon the grant of leave to appeal?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioner (a Lecturer), against the dismissal by the Service Tribunal, N.-W.F.P., of his service appeal which had arisen out of a dispute relating to his seniority.
2. After hearing the learned counsel we consider it a fit case for grant of leave to appeal; so as to examine the effect of the judgment of this Court in Muhammad Rahim, Lecturer and 28 others v.
3. Muhammad Aurangzeb, Lecturer and 94 others (1986 SCMR 873).
4. ' The appeal shall be prepared on present record with direction to the parties to file all additional documents which would be necessary for its disposal.