Law:

Section:

(a) Civil Servants (Seniority) Rules, 1993-------R.5---General Clauses Act (X of 1897), S.21---Constitution of Pakistan, Art. 212 (3)---Leave to appeal was granted by Supreme Court to consider; whether service rendered by petitioner in Pakistan Army was not countable towards his service in Postal Group in the light of law laid down by Supreme Court; and whether notwithstanding re-fixation of seniority, promotion once given to petitioner in accordance with his entitlement under law, could be withdrawn in the light of principle of locus poenitentiae. Hameed Akhtar Niazi v. Secretary Establishment Division, Government of Pakistan and another 1996 SCMR 1185 ref. (b) Civil Servants Act (LXXI of 1973)--- ----S.22---Civil Servants (Seniority) Rules, 1993, R.5---Compulsory Service (Armed Forces) Ordinance (XXIV of 1965), S. 9-A---Seniority---Pervious service of Army---Civil servant was serving in Pakistan Army and from there he joined Civil Service and was inducted in Postal Service Group---Chairman Pakistan Postal Services Management Board counted period of civil servant served in Army and fixed his service accordingly---Federal Government reversed the decision of Chairman, which order was maintained by Service Tribunal---Plea raised by civil servant was that Secretary Communication Division of Government of Pakistan, had no jurisdiction to pass such order---Validity---Pakistan Postal Service Management Board was an attached department of Communication Division of Government of Pakistan, the Secretary was head of that division and according to provisions of section 22(2) of Civil Servants Act, 1973, a civil servant aggrieved of any order contemplated, where no appeal or review was provided in law could validly maintain a representation before the authority next higher to that which had passed the order---Irrespective of the grade of Chairman Pakistan Postal Services Management Board and that of Secretary Communication being equal, under the Rules of Business the Secretary being in-charge of concerned division for all intents and purposes was an authority higher than the Chairman and, therefore, competent to entertain and decide representation of respondents,…

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