Law:

Section:

Civil Servants Act, 1973 (XXI of 1973)-- ----S. 2(1)(b)--Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973--R. 21(3)--Government Servants (Efficiency & Discipline) Rules, 1973, Rr. 5(i)(ii) & 6--Constitution of Pakistan, 1973, Arts. 212(2), 240 & 260--Leave to appeal, granted--Service matter--Jurisdiction of Tribunal--Seniority and promotion--Challenge to--Post was neither advertised nor was recommended for regular appointment--Terms and conditions of employees in the service of Northern Areas--Appellants were civil servants and could competently invoke the jurisdiction of tribunals--Held: Tribunal had the jurisdiction to entertain and decree the matters relating to the terms and conditions of their services--Appeals allowed. Judgment Abdul Hameed Dogar, J.--Through this common judgment we intend to dispose of Civil Appeal Nos.1181 &, 1182 of 2002 as identical questions of law and fact are involved. These appeals with leave of this Court are directed against the judgment dated 18.12.2000 passed by learned Federal Service Tribunal, Islamabad (hereinafter referred to as `the Tribunal') whereby Appeal No.563-R/CS of 2000 filed by appellant Imdad Ali Khan and Appeal No.746-R/CS of 2000 filed by appellant Mir Ghias Khan were dismissed on the ground of beyond its territorial jurisdiction. 2. Briefly, stated the facts leading to the filing of Civil Appeal No. 1181 of 2002 are that appellant Mir Ghias Khan was appointed as Assistant Executive Engineer (B-17) in the Northern Areas PWD on adhoc basis. This post was neither advertised nor he was recommended for regular appointment. Thereafter, in 1991, Federal Public Service Commission advertised the posts of Assistant Executive Engineers in the Northern Areas PWD. In September, 1991 appellant appeared in the examination and was declared successful. Thereafter, on 21st March, 1992 he was appointed as Assistant Executive Engineer on regular basis. The claim of the appellant is that sixteen other candidates who appeared alongwith him in the interview have been shown senior to him although he is already in service with effect from 11.8.1987. On 4.7.1992 he filed departmental appeal for…

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