Law:

Section:

(a) Civil Service Rules (Punjab), Vol. 1, Chap. II, r. 2.49 read with O & M Establishment Manual (Punjab), Vol. III, instructions on p. 504-Civil service-Instructions not indicated to have been embodied in Civil Service Rules nor given retrospective effect - Seniority of Official appointed before issue of Instructions-Cannot be determined on basis of such instructions. Rule 2.49 of the civil Service Rules defines a probationer as meaning "a Government servant employed on probation in or against a substantive vacancy in the cadre of a department,,.. ". This definition is said to be relevant for applying the rule embodied in the instructions appearing on page 504 of the Establishment Manual. These instructions, issued by the Services and General Administration Department of the Govern­ment of West Pakistan on 10-12-1966, do not indicate that they have been embodied in the Civil Services Rules, which were made applicable to that teaching staff of the Municipal College, Burewala, in 1958. Nor do these instructions have any retrospective effect so as to govern the seniority of persons appointed in the years 1.960 and 1961. For these reasons the entire superstructure of arguments built on the basis of these instructions cannot be sustained. (b) O & M Establishment Manual (Punjab), Vol. III, instructions on p. 504-Instructions intended to regulate inter se seniority of direct recruits vis-a-vis promotee officers-Contending officers, both direct recruits-Instructions not applicable. The instructions on page 504, O & M Establishment Manual (Punjab), Vol. III are intended to regulate the inter se seniority of the direct recruits vis-a-vis the promotee officers, but in case both the contending officers axe direct recruits. These instruc­tions have no application. (c) O & M Establishment Manual (Punjab), Vol. III, p. 504, Explanation at bottom-Explanation-Beyond scope of rules earlier enumerated by Government on same page -Hence, cannot affect inter se seniority of direct recruits only. Explanation appearing at bottom of page 504 of O & M Manual, Vol. III goes beyond the scope of the rules earlier enume­rated by the Government on the same page, which…

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