| Case ID |
1acabba4-9132-4fbb-a534-fc5b2766f520 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 840 of 1982 |
| Decision Date |
Aug 06, 1988 |
| Hearing Date |
Aug 06, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's request for leave to appeal regarding the determination of seniority in a junior grade. The court stated that no civil servant has a right to have their seniority in a junior grade settled unless it affects their seniority in a higher grade. In this case, the petitioner, who had joined WAPDA on 12-9-1963 and was promoted later, could not claim seniority from his entry date as the rules applicable to his post did not provide him the required benefit. The Tribunal's decision was upheld, affirming that the petitioner's seniority would only be recognized from his promotion date and not from his initial entry into service. |
| Summary |
In the Supreme Court of Pakistan case of Civil Petition for Leave to Appeal No. 840 of 1982, the petitioner, Asghar Muni R, sought to challenge the Service Tribunal's decision regarding his seniority as a civil servant in WAPDA. The case revolves around constitutional provisions under Article 212(3) of the Constitution of Pakistan, 1973, which pertains to civil service matters. The petitioner argued for seniority dating back to his entry into service in 1963. However, the court clarified that seniority in a junior grade is not automatically granted unless it impacts seniority in a higher grade. The ruling emphasized that the applicable rules did not support the petitioner's claim for earlier seniority recognition. The judgment serves as a precedent in understanding civil service seniority rights and the limitations of claims based on earlier service dates. This case is particularly relevant for civil servants seeking clarity on seniority determinations and their implications on career progression. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA
|
| Judges |
SHAFIUR RAHMAN,
GHULAM MUJADDID MIRZA
|
| Lawyers |
Ch. Mushtaq Masood, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
ASGHAR MUNI R
|
| Respondents |
2 others,
CHAIRMAN, WAPDA
|
| Citations |
1989 SLD 489,
1989 SCMR 289,
1989 SLD 1045
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|