Law:

Section:

Civil Servants Act (LXXI of 1973)--- ----Ss. 8 & 9---Civil Servants (Seniority) Rules, 1993, R.4 (b)---Service Tribunals Act (LXX of 1973), S.4 (1) proviso (b)---Tribunal Office Memorandum No.6/2/2009-CP-II, dated 12-9-2009 (O.M.), Establishment Division---Seniority list---Length of service---Creation of new group---Condemned unheard, principle of---Government created Inland Revenue Service by inducting officials by way of transfer from other service groups---Appellants were aggrieved of seniority list prepared in newly created service group and contended that seniority had not been fixed on the basis of length of service and they were condemned unheard---Appeal to Service Tribunal was dismissed and seniority list was maintained---Validity---Appellants were party to proceedings before Service Tribunal, notices were duly issued to them and there was strong presumption against appellants that they were well aware about such proceedings---Appellants were afforded full opportunity of hearing in appeals before Service Tribunal, wherein they had already agitated all their grievances, which had been discussed and were answered in of Service Tribunal, therefore, due opportunity of hearing was provided to appellants before passing of by Service Tribunal---Mere length of service was no criteria for determining seniority of a government servant---Promotion and seniority was not a vested right in line with the language of Ss.8 & 9 of Civil Servants Act, 1973, read with S.4(1) proviso (b) of Service Tribunals Act, 1973---Supreme Court declined to interfere in seniority list prepared by authorities and passed by Service Tribunal---Appeal was dismissed in circumstances. Muhammad Nadeem Arif v. Inspector-General of Police 2010 PLC (C.S.) 924 and Naveed Ahmed v. Federation of Pakistan 2012 SCMR 1133 rel. JUDGMENT ANWAR ZAHEER JAMALI, J.---All the above titled civil appeals under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, with leave of the Court in terms of the order dated 27-3-2012, are directed against the common judgment dated 2-12-2011, passed by Federal Service Tribunal Islamabad ("Tribunal"). 2. Earlier, the private respondents…

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