Pakistan Case Law← Search
1984 SCMR 288

MRS. S. J, USMANI vs GOVERNMENT OF PUNJAB THROUGH SECY., EDUCATION

Citation1984 SCMR 288
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 64 of 1983
Date1983-03-05
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi
ResultLeave refused

ORDER

' ASLAM RIAZ HUSSAIN, J.-Mrs. S. J. Usmani petitioner has filed this petition for Leave to Appeal against the order of the Punjab Service Tribunal dated 25-11-1982, ' The facts giving rise to this petition, briefly, are that Mrs. S. J. Usmani petitioner joined service in the Education Department in Punjab in 1945. After the independence of the country she opted for Pakistan and came to Lahore to serve in the Education Department. A seniority list of teachers was prepared in 1974 in which she was shown senior to respondents 2 to 9. On 4-11-1980 the Government of Punjab granted Selection Grade to the respondents on the basis of seniority-cum- fitness. Mrs. S. J. Usmani petitioner challenged this before the Service Tribunal through Appeal (No, 744/80). On 23-11-1980 a new seniority Tits was published in which she was shown as junior to the respondents. She challenged this seniority list through a separate Appeal (No, 247/81) before the Punjab Service Tribunal which was dismissed by the Tribunal on 4-3-1982 (i. e. During the pendency of the first appeal wherein she had challenged the grant of Selection Grade to the respondents), on the ground of being barred by limitation. The petitioner did not challenge it before the Supreme Court and thus allowed the said judgment of the Service Tribunal to become final. When the first Appeal (No, 744/80) came up for hearing before the Tribunal, it was dismissed vide the impugned A judgment dated 25-11-1982, on the ground that the issue of seniority of the petitioner had been settled by the dismissal of the earlier decision of the Service Tribunal in Appeal No, 247/81, which had become final and thus all the contesting respondents being senior to the petitioner were rightly given the Selection Grade. The learned Service Tribunal observed that issue cannot be re- opened all over again as the Tribunal cannot review its earlier order/i decision. In any case the Selection Grade was granted to the teachers on B the ground of seniority coupled with fitness and it was within the discretion of the relevant authority to consider whether or not the petitioner was fit to be granted the Selection Grade.

2. Having carefully gone through the judgment and heard the learned counsel for the petitioner we feel that the order of Punjab Service Tribunal C is justified and does not merit interference. The petition is, therefore, dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search