CHIEF SECRETARY, PUNJAB and 2 others vs Sardar RIAZ ALI
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed against an order of the Punjab Service Tribunal, whereby the respondent was granted seniority from the date his name was placed on the list of Naib-Tehsildar candidates in the Old Bahawalpur State. The core legal question is whether an official can count seniority from the date of inclusion in a candidate list or only from the date of continuous holding of the post under the relevant rules, and whether an order affecting the seniority of non-party officers is sustainable. The Court held that the contentions raised in support of the petition require detailed examination and accordingly granted leave to appeal while suspending the operation of the Tribunal's order in the interim. The key principle laid down is that seniority cannot be granted from a date prior to continuous holding of the post if rules dictate otherwise, and orders adversely affecting unrepresented third parties warrant judicial review.
- Can a civil servant count seniority from the date of inclusion in the list of candidates rather than the date of continuous holding of the post?
- Does an order of the Service Tribunal disturbing the seniority of non-party officers require examination by the Supreme Court?
ORDER
' SAAD SAOOD JAN, J.---The respondent has been allowed by the Punjab Service Tribunal seniority from 7-4-1955, that is, the date on which his name was placed on the list of Naib-Tehsildar candidates in the Old Bahawalpur State. In support of this petition it is, inter alia, contended that under the relevant rules the respondent could count his seniority only from the date since when he had been continuously holding the post of Naib-Tehsildar and not from the date he was included in the list of candidates for the said post. It is also stated that the order of the learned Tribunal has the effect of disturbing the seniority of about a hundred officers who were not parties before the Tribunal.
2. The contention raised in support of this petition need examination. Leave to appeal is granted.
The order of the learned Tribunal is suspended in the meanwhile.