Pakistan Case LawMANZOOR ULLAH Versus SABIR ZAMEER SIDDIQUI And Another
This matter arises from a review petition filed by Manzoor Ullah seeking a review of a previous judgment, raising grievances regarding the omission of his appearance in the judgment copy and the denial of his seniority against appellant Sabir Zamir Siddiqui. The core legal question concerns the petitioner's entitlement to seniority in both lower and higher grades against a direct recruit and regularized promotees. The Supreme Court of Pakistan held that the review petition is misconceived on merits, noting that the petitioner's lower grade seniority was already determined by a prior judgment, while in the higher grade, he could not claim seniority over a direct recruit because earlier promotions in the department were held to be in violation of the rules and subject to revision and proper regularization. The key principle laid down is that a promotee whose promotion is found to be in violation of rules and pending regularisation cannot claim seniority over a direct recruit in a higher grade.
- Whether a review petition is maintainable to claim seniority against a direct recruit when previous promotions have been found to violate applicable rules?
- Can a government employee claim seniority over a direct recruit in a higher grade pending the regularisation of their promotion?
- Does a clerical omission in recording a party's presence in a judgment copy warrant a review of the case on merits?
ORDER
SHAFIUR RAHMAN, J.---Mr. Manzoor Ullah has made two grievances for seeking review of the judgment. In the first place the copy of the judgment does not show his presence as respondent No.4 in the title, though he was also present in person and had argued the case. We have seen the original judgment. It does mention his presence in person. Necessary correction be made in the copy.
2.As regards the merits, his contention is with regard to the denial of seniority as against appellant Sabir Zamir Siddiqui.
The review Petition appears to be misconceived because the question of his seniority in the lower grade stands determined on account of the judgment in Inayat Ali and another v. Manzoorullah and another 1987 S. Q M R 407. In the higher grade Dr. Sabir Zamir Siddiqui happened to be a direct recruit. As against him Mr. Manzoor Ullah could not claim seniority because on account of our judgment in Civil Appeals Nos. 190 of 1988 and 191 of 1988 (Muhammad Ibrahim Azad v. The Secretary, Government of the Punjab and 4 others) belonging to the same department, we have held that promotions were all made in violation of the rules on the subject and they have to be revised in consultation with the appropriate selecting authority/Departmental Promotion Committee with a view to conform to the rules as were in existence when the vacancies were available or when the promotion was sought to be made. Till the regularisation of such promotion takes place, the petitioner cannot claim seniority over a direct recruit m a higher grade.
3.On merits no case is made out for review, which is hereby dismissed.
Cited by 1 case
- MUHAMMAD RASHID Versus FEDERATION OF PAKISTAN 2000 SCMR 1297
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