| Case ID |
13f71ac1-7f8c-4eb9-b123-b3ec1cdef0b2 |
| Body |
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| Case Number |
778/1183 of 1984 |
| Decision Date |
Apr 04, 1985 |
| Hearing Date |
|
| Decision |
The Service Tribunal, Punjab, in case number 778/1183 of 1984, ruled in favor of Manzoor Masud Tamanna, Chief Officer of Zilla Council, Sahiwal, regarding his seniority in the Local Council Service. The Tribunal accepted the appeal against the impugned seniority list issued on February 28, 1982, which incorrectly placed the appellant junior to the contesting respondents. The Tribunal emphasized that the earlier promotion of a junior does not affect a senior officer's rights unless they have been superseded. The Tribunal concluded that the appellant was never superseded and thus entitled to retain his seniority even after reinstatement. Consequently, the Tribunal set aside the final order dated September 13, 1984, affirming the appellant's seniority in the higher grade without any loss of basic seniority, marking a significant decision in the context of service law and seniority disputes. |
| Summary |
This case revolves around a seniority dispute within the Local Council Service in Punjab, where Manzoor Masud Tamanna challenged his placement in the seniority list after reinstatement from retirement under Martial Law Regulations. The Service Tribunal's decision highlights the principles governing seniority and reinstatement, particularly emphasizing that a senior officer's rights are protected unless explicitly superseded by a junior. The ruling aligns with established legal precedents, reinforcing the notion that reinstated officers should not lose their seniority rights in subsequent promotions. This case is crucial for understanding the application of service laws in administrative disputes and serves as a reference point for future cases involving reinstatement and seniority within government services. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Masud Ahmad Riaz,
A. G. Humayun
|
| Petitioners |
MANZOOR MASUD TAMANNA
|
| Respondents |
SECRETARY TO GOVERNMENT OF PUNJAB, L. G & R. D. DEPARTMENT,
CH. GHULAM SARWAR,
IJAZ HUSSAIN MALIK
|
| Citations |
1985 SLD 2265,
1985 PLC 958
|
| Other Citations |
Syed Kabir Hussain Shah and others v. Secretary, S & G A D 1983 P L C (C. S. T.) 1231,
Muhammad Ashraf v. Secretary, Communication and Works,
Ahmad Ali Jaspal v. I.-G. Police,
Kh. Muhammad Yusaf and Sh. Anwar Latif
|
| Laws Involved |
Martial Law Order, 1977
|
| Sections |
No. 23
|