| Case ID |
3cef5c22-f48a-4f2d-bc3a-74dd7bfd351d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.821 of 1984 |
| Decision Date |
Mar 04, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitioner's claim for seniority, affirming the decision of the Punjab Service Tribunal. The court ruled that the petitioner could not retroactively claim regularity of appointment prior to his assertion of fresh appointment from a later date. The Tribunal's rejection of the petitioner's appeal was justified, and the leave to appeal was refused. |
| Summary |
In the case of Civil Petition No.821 of 1984, the Supreme Court of Pakistan dealt with the complexities of civil service appointments under the Punjab Civil Servants Act, 1974. The petitioner, Muhammad Shabbir, contested his removal from service based on Section 11-A of the Act, which allows for removal of civil servants appointed during a specified period without notice. The Tribunal had previously accepted his claim that he should be treated as a fresh appointee as of September 3, 1977. However, the Supreme Court found that his later claim to seniority, asserting a regular appointment from September 29, 1975, was inconsistent with his earlier assertions. The court emphasized the importance of consistency in claims made by petitioners and upheld the Tribunal's decision to reject his appeal regarding seniority. This case highlights critical issues surrounding civil service regulations, appointment validity, and the legal interpretations of seniority rights, reflecting ongoing discussions in administrative law and public service governance in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD JAN,
MUHAMMAD SHABBIR
|
| Lawyers |
Hamid Khan, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record
|
| Petitioners |
MUHAMMAD SHABBIR
|
| Respondents |
GOVERNMENT OF THE PUNJAB,
18 others
|
| Citations |
1990 SLD 657,
1990 SCMR 533
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
11-A,
Art.212(3)
|