Law:

Section:

(a) Civil service-----Confirmation of Government servant-Matter of executive discre­tion of Government-Government alone to decide whether employee is to be confirmed, and, if so, from what date-Central Public Service Commission's letter to Government observing that seniority of officers should count from date of their letter approving provisional promotion of such officers-Ultra Tires. (b) Constitution of Pakistan (1962)- -- Art. 123-Comtcmpt of superior Courts-Case, at worst, one of difference of opinion as to interpretation of of Court-Res­pondents, hell, could not be said to have been guilty of any con­tumacious or deliberate disregard of -Nothing discoverable to show respondents having manipulated to by-pass Court-No contempt of Court, held, committed. JUDGMENT HAMOODUR REHMAN .C. J.-This is a petition under- Article 123 of the Constitution of 1962, read with the Provisional Constitution Order, 1969, for the conviction of the Member (Taxation), Central Board of Revenue, Government of Pakistan and the Secretary to the Government of Pakistan, Ministry of Finance for contempt of Court. The petitioner, who was an employee in the Income-tax Department, filed an appeal, being Civil Appeal 44 of 1967 in this Court against the judgment of the High Court of West Pakistan in Writ Petition No. 396 of 1962 in relation to a dispute as to the inter se seniority of promotees and direct recruits in the cadre of Income-tax Officers Class 1. The judgment of this Court in the said appeal was delivered on the 18th October 1967, and is reported as Muhammad Naseem Ahmad v. Miss Azra Feroz Bakht (P L D 1968 S C 37). The petitioner says that by this judgment, the petitioner was declared to "Ac entitled to seniority with effect from 18-11-1957, but the said respondents had failed and neglected to give effect to the petitioner's seniority in terms of the judgment of this Court. 'The petitioner had also actually filed a suit, being Civil Suit No. 2086 of 1970 in the Court of a Civil Judge, 1st Class, Karachi, seeking the enforcement of the judgment of this Court, but even during the pendency of that suit, the respondents confirmed certain directly recruited officers with…

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