Law: Civil Servants Act, 1973

Section: 8,8(3),9,25(2)

Law: Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990

Section: R.7(1)

Law: Civil Servants (Seniority) Rules, 1993

Section: R.2(3)(b)

(a) Civil Servants Act (LXXI of 1973)--- ----S. 25(2)---Office Memorandum, issued under S. 25(2) of Civil Servants Act,1973--- Such memorandum had the force of law. Azra Riffat Rana v. Secretary Minister of Housing and Works and others PLD 2008 SC 470 and Fazali Rehmani v. Chief Minister N.W.F.P. Peshawar and others PLD 2008 SC 769 ref. (b) Civil Servants Act (LXXI of 1973)--- ----Ss. 8(3) & 9---Civil Servants (Seniority) Rules, 1993, R. 2(3)(b)---Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990, R. 7(1)---Seniority, determination of---Question as to whether in cases where length of service was provided for promotion, the time spent in litigation prior to the first appointment of civil servant could be counted towards such length of service---Respondent passed civil services examinations conducted by the Federal Public Service Commission in the year, 1996, however, he was treated to be domiciled of Punjab, instead of Sindh (Urban) and consequently could not be declared successful on account of high merit list of Punjab---Respondent in the year 1997 challenged such treatment by filing a Constitutional petition before the High Court of Sindh, which was allowed upon his furnishing an undertaking that he would not claim the seniority---Said order was maintained by the Supreme Court and the respondent was finally allowed to proceed for training in Sindh Civil Service Academy from where he passed the mandatory final passing out examination on 1-9-2009---After requisite training and on completion of five years mandatory service, the respondent was promoted from BS-17 to BS-18---Respondent was aggrieved when the Departmental Selection Board in its meeting did not recommend his name for promotion from BS-18 to BS-19 for want of 12 years mandatory service in BS-17 and above, which length of service according to the department, the respondent would complete in future on 26-8-2019---Contention of respondent that it was the Board's fault that he was treated as Punjab domiciled and was declined his due right to join service and was made to litigate for a period of ten years, therefore, he could not be denied the benefit of such promotion,…

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