MAHMOODUL HASSAN ZIA and another vs PROVINCE OF PUNJAB
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which dismissed a constitutional petition challenging an administrative decision by the Chief Minister of Punjab regarding the seniority of Tehsildars. The petitioners, appointed on a permanent basis in 1979, had their seniority fixed in 1996, including their training period, which subsequently led to their promotion to Grade-18. However, a 1998 notification withdrew this seniority, prompting the petitioners to challenge the Chief Minister's authority to alter seniority and exclude the jurisdiction of the competent forum. The core legal question is whether the Chief Executive of a province possesses the lawful authority to arbitrarily withdraw previously fixed seniority of permanent civil servants and whether such administrative actions can bypass established legal forums. The Supreme Court granted leave to appeal, holding that the issues raised required detailed consideration. Consequently, the Court suspended the operation of the High Court's impugned order and the notification withdrawing the seniority, directing that the status quo regarding the petitioners' seniority be maintained pending the final adjudication of the appeal.
- Does the Chief Executive of a province have the lawful authority to arbitrarily withdraw the seniority of permanent civil servants?
- Can an administrative notification override the seniority fixed by a competent forum for civil servants?
- Is the exclusion of a competent forum's jurisdiction by an administrative order legally permissible?
ORDER
' On 13-11-1998, Writ Petition No,23420 having been filed by the petitioners was dismissed by the High Court with the following order:-- "The petitioners through this Constitutional petition have challenged administrative decision taken by the Chief Minister, Punjab contained in order, dated 28th of October, 1998.
' The petitioners will have opportunity to raise these objections in the appropriate forum. At this stage the learned counsel for the petitioners submits that the petitioners have already received notice from the Section Officer (Revenue), Government of the Punjab, Revenue Department calling upon the petitioners for personal hearing. This gives an opportunity to the petitioners to raise all objections legal and factual on personal hearing.
' The petition is dismissed as incompetent."
' This is a petition for leave to appeal against the abovesaid order.
2. Learned counsel submitted before us that the petitioners were appointed as Tehsildars on permanent basis in 1979 after completion of all the legal formalities. The petitioners were also given seniority including the period of their training by the competent Authority on various dates in the year 1996. However, vide Notification No,3683-98/2572-E(F)I, dated 26-12-1998, a fresh was direction and issued by the respondents withdrawing the seniority already fixed. It is submitted by the learned counsel that the seniority already fixed in the case of the petitioners could not be withdrawn arbitrarily and without having proper recourse to law. The case of the petitioners is that they are the permanent incumbents of the Revenue Department and, as such, the training period cannot be excluded while fixing their seniority as required by law. It is added that the petitioners have been promoted to Grade-18 in lieu of seniority fixed by the competent forum. They, therefore, cannot be demoted in the way, it has been done. Learned counsel states that the Chief Executive of the Province of Punjab has no lawful authority to fix the seniority of the petitioners and, as such, cannot exclude the jurisdiction of the competent forum.
3. Inter alia, the points raised by the learned counsel need consideration. Leave to appeal is, therefore, granted. The operation of the impugned order of the High Court dated 13-11-1998 and the notification dated 26-12-1988 and all subsequent actions are suspended because the balance of convenience lies heavily on the side of the petitioners. In other words, the seniority already fixed shall not be disturbed by the respondents in any way whatsoever till the final hearing of this appeal..