Landmark Judgement of Supreme Court Regarding Seniority of civil Servants
Ashraf Asmi Advocate
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Landmark Judgement of Supreme Court Regarding Seniority of civil Servants
3 334 просмотра · 5 л. назад
Ashraf Asmi Advocate
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3 334 просмотра · 5 л. назад
Landmark Judgement of Supreme Court Regarding Seniority of civil Servants
#Seniority
#Civilservant
IN THE SUPREME COURT OF PAKISTAN
(APPELLATE JURISDICTION)
PRESENT:
MR. JUSTICE GULZAR AHMED, HCJ
MR. JUSTICE IJAZ UL AHSAN
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI
CIVIL APPEAL NOs. 909 TO 912 OF 2020 &
CRIMINAL ORIGINAL PETITION NO. 87 OF 2020
(On appeal against judgment dated 31.01.2020 passed by the
High Court of Balochistan, Quetta, in CP No. 246/2008 &
334/2019)
Khalilullah Kakar (In CAs 909 & 911 of 2020)
Irfan Ali (In CA 910 of 2020 & Cr.O.P.
87 of 2020)
Abdul Haleem and another (In CA 912 of 2020)
… Appellants/Petitioner
VERSUS
Provincial Police Officer, Balochistan etc (In all cases)
… Respondents
For the Appellants: Mr. Muhammad Shoaib Shaheen, ASC
(In CAs 909 & 910 of 2020)
In person
(In CA 911 of 2020 & Cr.O.P. 87 of 2020)
Sh. Riazul Haque, ASC
Syed Rifaqat Hussain Shah, AOR
(In CA 912 of 2020)
For the Respondents: Syed Iftikhar Hussain Gillani, Sr. ASC
(For respondent Nos. 2, 3, 5 to 10, 20 in CA 909 of
2020, respondent Nos. 2, 3, 5, 8, 12 in CA 910 of
2020 and respondent Nos. 2, 3, 5 to 10, 12 in CA
911 of 2020)
Mr. Adnan Basharat, ASC
(For remaining repondents in CAs 909 to 912/2020)
For Govt of Balochistan: Mr. Ayaz Khan Swati, Addl. A.G
Date of Hearing: 24.03.2021
JUDGMENT
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- Through this
consolidated judgment, we intend to decide the above titled cases,
as the issue involved in these cases is common and they have
arisen out of the same judgment.
Civil Appeal Nos. 909 to 912 of 2020 &
Criminal Original Petition No. 87 of 2020
2
2. Civil Appeal Nos. 909/910/911/912/2020: Through
these appeals by leave of the Court under Article 185(3) of the
Constitution of Islamic Republic of Pakistan, 1973 (hereinafter to be
referred as ‘the Constitution’), the appellants have called in question
the judgment dated 31.01.2020 passed by the High Court of
Balochistan, Quetta, whereby the Constitutional Petitions filed by
the respondents were allowed and the Provincial Police Officer,
Balochistan, was directed to issue a joint seniority list of Deputy
Superintendents of Police (hereinafter to be referred as ‘DSPs’) of all
cadres/branches.
3. Succinctly stated the facts of the matter are that as per
practice at some point of time there was a joint seniority list of DSPs
belonging to different cadres/branches of the Balochistan Police
Force. However, subsequently the seniority lists upto the rank of
DSPs qua some of the branches was separated keeping in view the
nature of work. The respondents being DSPs of legal/prosecution
branch challenged the issuance of separate seniority lists by filing
Constitutional Petition No. 246/2008 before the High Court of
Balochistan, Quetta. The said Constitutional Petition was finally
accepted vide judgment dated 23.04.2009. Consequently, a joint
seniority list of DSPs was issued on 16.08.2009. The police officers
of the rank of DSPs of different cadres challenged the judgment of
the High Court dated 23.04.2009 by filing an application under
Section 12(2) CPC, which was accepted vide judgment dated
20.06.2017. Resultantly, the earlier order dated 23.04.2009 was
recalled and the petition was directed to be amended by impleading
the DSPs of other branches as respondents. This order was assailed
before this Court through Civil Petition No. 5196/2017 and this
Court maintained the same vide order dated 11.06.2018. The
appellant department although issued joint seniority list on
11.12.2017 but ultimately issued two separate notifications on
06.03.2019 determining the seniority of 26 DSPs belonging to
legal/prosecution branch in one notification whereas through the
other notification, the seniority of 170 DSPs of other branches was
determined separately. The DSPs of the legal/prosecution branch
filed objections qua the separate seniority lists but without awaiting
its fate filed Constitutional Petition No. 334/2019 before the High