M.S.H. QURAISHI, J.--Under the Pay Revision Rules, 1973, 15 per cent of the cadre of Civil Judges in N.P.S.-17 is to be in N.P.S.-18 while a similar percentage of the cadre of District and Sessions Judges in N.P.S.-19 is to be in N.P.S.-20. A question arose before the Punjab Service Tribunal in the respondents' appeals whether the entry in N.P.S.-18 of the Civil Judges and in N.P.S.-20 of the District and Sessions Judges in the 15 per cent quota can be allowed automatically on the basis of seniority or after due consideration of the fitness of the incumbents concerned. The Tribunal held, in the case of respondent Mumtaz Hussain Malik, that: - '
"We do not find any provision in the said Rules which anywhere bars the appellant to enjoy N.P.S-18 made effective from 1-3-1972, on the ground of 15% of the cadre of Civil Judges. The grant of N . P . S . -18 on the basis of 15% quota is not a promotion and this fact has been re-affirmed by the respondent-Government itself in para. 4 of Notification No. 1-13/79-SOS (IV), dated 27-1-1983."
This notification, dated 27-1-1983, no doubt, towards the end says that "the grant of N.P.S.-18 to a specified number of Civil Judges in Grade 17 is not promotion and the case does not fall within the purview of Provincial Selection Board"; but it is mentioned in the same notification that the cases of certain Civil Judges had been ignored. In an earlier notification, dated 8-10-1980 to Civil Judges had similarly been ignored on account of unsatisfactory- record. Mr. Khalil Ramdey, appearing for the petitioner/ Government, urges that the entry from N.P.S.-17 to N.P S.-18 of Civil Judges and from N.P.S.-19 to N.P.S.-20 of District and Sessions Judges is not automatic and without consideration of their suitability, because their entry into the higher scale is bound to open up further chances of promotion to them.
2. The question raised thus does involve a substantial question of law of public importance, requiring consideration by this Court. Leave to appeal is, therefore, granted in these petitions, which shall be made ready and fixed for hearing before the end of the current year. Meanwhile, the judgment of the Tribunal shall remain suspended.