PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

KALIM ARSHAD KHAN vs PESHAWAR HIGH COURT, PESHAWAR S — 2022 PLC(CS) 398 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLC(CS) 398 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLC
Parties
KALIM ARSHAD KHAN vs PESHAWAR HIGH COURT, PESHAWAR S
Subject matter
Service
Provisions referred to
S. 5---K; S. 5; Pakhtunkhwa Subordinate Judiciary Service Tribunal Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KALIM ARSHAD KHAN VS PESHAWAR HIGH COURT, PESHAWAR S.5---Khyber Pakhtunkhwa Judicial Service Rules, 2001, Rr. 5(c)(ii) & 10---Appeal---Seniority list---Fixation---Principle---Appellant assailed final seniority list and claimed his position much higher than the one reflected in the list---Plea raised by authorities was that the list was filed with an unexplained delay---Validity---Merely because certain tentative / provisional seniority lists were issued and not questioned before Service Tribunal at the relevant time, were not tenable as only final seniority list could be questioned before the Tribunal in terms of S.5 of Khyber Pakhtunkhwa Subordinate Judiciary Service Tribunal Act, 1991---Question of seniority of appellant was never decided nor attained finality at any stage, therefore, the same could not be termed as 'past and closed matter'---Earlier judgment of Service Tribunal could not be made hurdle in the case of appellant as it was duly questioned before Supreme Court and when that seniority list was set declared to be without lawful authority, seniority of appellant was required to be re-determined---Appellant was not assigned correct seniority along with his batch mates---Mere fact that appellant was appointed in the batch vide an order passed subsequently, could not deprive him of his seniority in terms of R.5(c)(ii) read with R.10 of Khyber Pakhtunkhwa Judicial Service Rules, 2001---High Court directed that appellant be assigned seniority with effect from the date his batch mates of the same selection process were appointed--- Appeal was allowed accordingly. Head Notes

Other judgments reported in 2022 PLC

Back to the case-law library · Search Pakistani case law in Urdu or English