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1990 SCMR 533

MUHAMMAD SHABBIR vs GOVERNMENT OF THE PUNJAB and 18 others

Citation1990 SCMR 533
CourtSupreme Court of Pakistan
Case No.Civil Petition No,821 of 1984
Date1989-03-04
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.--By an order dated 2-6-1979 the petitioner was removed from service under Section 11-A of the Punjab Service Act, 1974. This Section read as follows:- "Notwithstanding anything contained in his terms and conditions of service, a civil servant appointed or promoted during the period from the first day of January, 1972 to the fifth day of July, 1977, may be removed from service or reverted to his lower post, without notice, by the Governor of the Punjab or a person authorised by him in this behalf on such date as the Governor of the Punjab or, as the case may be, the person so authorised, may in public interest, direct."

' The petitioner challenged this order in appeal before the Punjab Service Tribunal. His case was that even though he had -been serving the Provincial Government between the date mentioned in the Section, he was to be treated as a fresh appointee with effect from 3-9-1977. Consequently, he was not one of those persons to whom the section 11-A applied. His contention was accepted and a direction with regard to his reinstatement in service was given.

2. The dispute in this petition for special leave to appeal relates to the seniority of the petitioner. His claim to seniority is founded on the assertion that he was a regular appointee under the Government with effect from 29-9-1975. The Punjab Service Tribunal has rejected his claim. He now seeks leave to appeal from this Court. And it was on the basis of this assertion that he was able to avoid application of Section 11-A to him. It therefore does not lie with him now to claim that for the purpose of seniority he should be treated as regular appointee from an anterior date. The learned Tribunal was therefore justified in rejecting his claim. The petition is dismissed.

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