LAHORE - It has been left to restored Chief Justice Iftikhar Muhammad Chaudhry to decide as to who would be the CJ of the Lahore High Court in the context of the fact that the senior most judge of this court is now back to the office to become the CJ in the light of Al-Jahd Trust case of 1996 popularly known as the judges case. Though notification for the restoration of Justice Khawaja Muhammad Sharif has been issued to take effect immediately he is not likely to resume the office till the CJP's becoming functional on March 22. As per constitutional scheme, a judge of the Supreme Court or CJ of a high court is appointed with the consultation of CJP. Article 193 of the Constitution says: A judge of a high court shall be appointed by the President after consultation with the CJP and the Governor concerned. The main impediment for Justice Sharif to resume work immediately is that the incumbent in the office of LHC CJ Justice Sayed Zahid Hussain is junior to him. Therefore it would not be workable for him to work under his junior. Furthermore, Justice Sharif was staunch opponent of judges who took oath under provisional Constitutional Order of November 3, 2007 and it would not be possible for him to work under a PCO CJ in negation of his seniority and lawyers' relentless struggle. Though notification for reinstatement has awarded deposed judges their November 2 position but this anomaly has been left unresolved that how could a senior judge work under his junior. Justice Khawaja was not CJ on November 3 but the then CJ Iftikhar Hussain Chaudhry also took oath under PCO and retired on December 31, 2007, paving the way for Justice Zahid to become the CJ. When contacted justice Sharif told this scribe that he received a phone call from LHC administration that a courtroom has been reserved for him. But he (justice) told them that he would not work as a judge. He, however, sidestepped the question whether he would work under a junior judge who had taken oath under PCO. The sources close to Khawaja Sharif said it would not be possible for him to start working till Justice Zahid remains CJ. The sources further said ultimately Justice Zahid Hussian would be elevated to Supreme Court and Justice Khawaja Sharif would become the top judge of Punjab.