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Civil Appeal No.175 of 1972 in C.P.S.L.A. No.285 of 1972..
(On appeal granted by the C.P.S.L.A. No.285/1972 against the order of the Lahore High Court).
‑‑‑Art.212(3)‑‑Civil service‑‑Promotion deferred due to pending litigation‑‑Order of reversion impugned‑‑Appeal pending in Supreme Court‑‑Appellant again promoted but after his juniors were allowed to supersede him on ground that his matter was pending before Supreme Court‑‑Appellant sought withdrawal of appeal with a view to make representation to Government to antedate his promotion according to seniority‑‑Appeal dismissed as withdrawn with observation that none should be allowed to suffer simply because he has a case pending before Supreme Court.
S.M. Zafar, Senior Advocate Supreme Court with S. lnayat Hussain, Advocate‑on‑Record for Appellant.
Sh. Ijaz Ali, Advocate‑on‑Record and Karamat Nazir Bhandari, Assistant
Advocate‑General for Respondents 1 to 3.
Ex parte for Respondent No.4.
Date of hearing: 9th March, 1981.
Abdus Salam petitioner, an overseer, was appointed S.D.O. by an order which was subsequently amended to entitle him only to his existing pay as Overseer. He represented against it which ultimately resulted in his reversion to the post of Overseer. His Writ Petition was turned down by the Lahore High ‑Court. Hence this C.P.S.L.A.
2. Learned counsel submits that his client has since been again promoted as S . D . 0 . and his grievance now is that this promotion took place after some of his juniors were allowed ‑to supersede, him on the ground that his matter was pending before this Court.
3. He now wishes to withdraw this petition with a view to representing to the Government that his promotion should be antedates to the time when the Overseer next below him in seniority was promoted. The appeal is dismissed as withdrawn with the observation that we have no doubt that the Government will favourably consider his request made in this paragraph particularly because none should be allowed to suffer simply because he has a case pending before this Court.
M. I. Order accordingly.
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