Law:

Section:

(a) Civil service-------Initial illegal induction in service challenged after thirteen years---Validity---Mere passage of time could never and should never be allowed to convert an illegality into pristine purity of legal existence. (b) Administration of justice--- ----Mere passage of time could never and should never be allowed to convert an illegality into pristine purity of legal existence---Principles. (c) Civil Servants Act (LXXI of 1973)--- ----Ss. 2(b) & 8---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan, Arts.199 & 212---Seniority---Constitutional petition---Maintainability---Seniority being one of terms and conditions of employment would fall within exclusive jurisdiction of Service Tribunal. (d) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Servants Act (LXXI of 1973), S.8---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Seniority---Deletion of word 'final" used in S.4 of Service Tribunals Act, 1973---Effect---Constitutional petition challenging proposed seniority list---Maintainability---Such deletion would not have effect of making each and every step taken by competent authority as challengeable under S.4 of the Act, rather what would be challengeable thereunder must be an "order" i.e. an official and authentic decision though not final but must having shade of finality or some semblance thereof---Seniority list issued by competent authority being subject to objections and decision thereon would be a tentative opinion or proposal and could not be considered to be final list and clothed with mantle of "order" within contemplation of S.4 of the Act---In absence of issuance of final seniority list, civil servant could not approach Service Tribunal, thus, constitutional petition would not be barred by Art.212 of the Constitution---Principles. Muhammad Yar Buttar and 4 others v. Board of Governors, Overseas Pakistanis Foundation, Islamabad and another, 1999 PLC (C.S.) 409 rel. (e) Words and phrases--- ---"Order"-Meaning. Black's Law Dictionary and Judicial Dictionary by K.J. Alyar 13th Edition ref. (f) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----Rr. 3, 7 &…

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