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1996 PLC (C.S.) 974

Ch. ABDUL HALEEM, XEN vs PROVINCE OF PUNJAB and another

Citation1996 PLC (C.S.) 974
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,1042-L of 1993 Appeal No,516 of
Date1995-01-15
Judge(s)Mukhtar Ahmed Junejo, Manzoor Hussain Sial, Saad Saood Jan
ResultLeave refused

ORDER

' SAAD SAOOD JAN, J.---Malik Ahmad Khan, respondent No,1, proceeded abroad on 15-2-1980 where he was gainfully employed. He returned to Pakistan on 11-1-1987. The period of his absence was regularised by the Provincial Government by converting it into different types of leave. The petitioner who was junior to Malik Ahmad Khan unsuccessfully agitated before the departmental authorities against the order by which the period of absence of Malik 'Ahmad Khan was 'regularised and he was taken back into service but without any success. He filed an appeal before the Service Tribunal but that too failed. He now seeks leave to appeal from this Court.

2. The grievance of the petitioner is that on account of absence for the long period of seven years Malik Ahmad Khan had ceased to be in Government service; it was, therefore, not open to the Government to restore him to his post.

3. After hearing the learned counsel for the petitioner we are not persuaded that he has any locus standi in the matter. The matter whether Malik Ahmad Khan should have been taken back into service was one between him and the Government. The petitioner does not come into the picture at all for the said question does not relate to his terms and conditions of service. The fact that Malik Ahmad Khan, on joining service will retain his seniority does not give the petitioner a cause of action. Leave to appeal is accordingly refused.

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