| Case ID |
ece06c8c-0543-43df-bb10-ed1852bb859c |
| Body |
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| Case Number |
Civil Appeal No. 1554 of 1998 |
| Decision Date |
Oct 22, 2002 |
| Hearing Date |
Oct 22, 2002 |
| Decision |
The Supreme Court of Pakistan ruled on the seniority of Civil Judges who were initially appointed on an ad hoc basis and later regularized. The Court determined that the seniority was not to be governed by the Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984, particularly Rule 9, since these appointments were made without the intervention of the Public Service Commission. Instead, the seniority should be determined by the formula of age. The appeal by Abdul Rasheed Umrani was allowed, setting aside the Balochistan (Subordinate Judiciary) Service Tribunal's decision that had initially declared Zaheer-ud-Din Kakar senior to Umrani. The decision emphasized that the method of appointment and the relevant rules play a critical role in determining the seniority of judicial officers. This case sets a precedent regarding the interpretation of recruitment rules and their applicability in determining seniority within the judiciary. |
| Summary |
This case revolves around the seniority dispute between two Civil Judges, Abdul Rashid Umrani and Zaheer-ud-Din Kakar, who were initially appointed on an ad hoc basis and later regularized. The Supreme Court of Pakistan addressed the applicability of the Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984, particularly focusing on Rule 9, which pertains to the determination of seniority based on recommendations from the Public Service Commission. The Court clarified that since both judges were appointed without the involvement of the Commission, their seniority should be determined by age rather than the merit list established during their ad hoc appointments. This ruling underscores the importance of understanding recruitment procedures and their implications on judicial appointments and seniority. The decision emphasizes the need for clarity in the rules governing judicial service appointments, ensuring transparency and fairness in seniority determinations. Keywords such as 'judicial appointments', 'seniority rules', 'Balochistan Civil Judges', and 'Supreme Court ruling' are integral to this case's relevance in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
GOVERNMENT OF BALOCHISTAN,
Balochistan (Subordinate Judiciary) Service Tribunal
|
| Judges |
SH. RIAZ AHMED, C.J.,
MUNIR A. SHEIKH,
MUHAMMAD NAWAZ ABBASI, JJ
|
| Lawyers |
Raja M. Afsar, Advocate Supreme Court for Appellant,
Salahuddin Mengal, Advocate-General, Balochistan for Respondent No. 1,
Basharatullah, Senior, Advocate Supreme Court,
Muhammad Riaz Ahmed, Advocate-on-Record for Respondent No.2
|
| Petitioners |
ABDUL RASHEED UMRANI
|
| Respondents |
,
GOVERNMENT OF BALOCHISTAN through Secretary, S&GAD, Quetta
|
| Citations |
2003 SLD 1041,
2003 PLC 1068
|
| Other Citations |
Not available
|
| Laws Involved |
Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984,
Constitution of Pakistan (1973)
|
| Sections |
5,
9,
212(3)
|