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Civil Petitions Nos. 743 and 744 of 1982, decided on 9th March, 1983.
(From the judgment dated 16‑6‑1982 of the Punjab Service Tribunal, Lahore, passed in Appeals Nos. 166/1280 of 1981 and 380/735 of ‑1980, respectively).
‑‑‑‑Art. 185 W‑‑Martial Law Order [C. M. L. A.'s] No. 23, para. 5‑‑Martial Law Regulation (C. M. L. A.'s) No. 114‑Leave to appeal granted to consider questions whether in view of para. 5, M. L. O. No. 23.Service Tribunal was justified in conferring on civil servants who had been retired under M. L. R. No. 114 but later re‑instated in service and promoted and effect of back‑dated seniority over their conferees who had been promoted during period said civil servants had been put out of service‑Tribunal's order not stayed but direction issued that both cases be placed before appeal Bench alongwith appeal arising out of petitions.
Sh. M. Zubair, Asstt. A.‑G. with M. M. Saeed Beg, Advocate Supreme Court instructed by Ijaz Ali Sheikh, Advocate‑on‑Record (in both Petitions).
Ch. Waheed Saleem, Advocate Supreme Court instructed by M. A. Qadri, Advocate‑on‑Record for respondent No. 1 (in both Petitions).
Date of hearing: 9th March, 1983.
Leave to appeal is granted in these two petition to consider whether in view of the proviso to para. 5 of M. L. O. No. 23 dated 22‑10‑1977, the Punjab Service Tribunal was justified in conferring On respondents Bashir Ahmad Kamlana and Syed Kabir Hussain Shah who had been retired under M. L. R. 114 on 18‑3‑1972 but had later been reinsta ted into service and promoted to be E. A. Cs. with effect from 21‑3‑1978 ' and 1‑8‑1978, respectively, back‑dated seniority over their conferees who bad been promoted during the period the said respondents had been put out of service. The Tribunal's order is not stayed but we direct that both the cases shall be placed before the coming Appeal Bench alongwith appeals arising out of C. P. 797 of 1982 and C. P. 770 of 1982.
M. Z. M. Leave granted.
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