Law: Civil Servants (Seniority) Rules, 1993

Section: 6

Law: Constitution of Pakistan, 1973

Section: 212(3)

Civil Servants Seniority Rules, 1993-- ----R. 6--Constitution of Pakistan, 1973, Art. 212(3)--Promotion as Assistant--private person was also appointment as Assistant--Seniority list--Service appeal--Dismissed--Appointed by transfer--Appointed by promotion--Persons appointed by transfer in a particular calendar year shall as class be senior to those appointed by promotion or by initial appointment to such post in that year--Private respondents having been appointed by transfer in year 2003 and appellant having been promoted in year 2003 and all being promoted or being transferred to post of Assistant, private respondents shall acquire senior position than that of appellant--Appeal dismissed. [Pp. 145, 146 ,  147] A ,  B 2018 SCMR 332 and 2019 SCMR 980 ref. ORDER Gulzar Ahmed, CJ.--The appellant was employed with the Ministry of Housing and Works (‘the Ministry’). He was promoted as an Assistant on 06.08.2003 w.e.f. 04.08.2003. The private respondents were appointed as Assistant respectively on 19.03.1990 and 02.09.1991 in the Statistics Department, where the services were declared to be surplus. They were transferred and absorbed in the Ministry on 06.08.2003 as Assistants. Final Seniority List of Assistants (BS-14) in the Ministry was circulated vide Circular dated 31.12.2015. The name of the appellant appeared at Serial No. 4 whereas the names of the private respondents were shown at Serial Nos.2 and 3. The appellant submitted representation against the Final Seniority List which was not responded to and thereafter, he filed a service appeal before the Federal Service Tribunal. By the impugned judgment dated 12.11.2018, the service appeal filed by the appellant was dismissed. 2. Leave to appeal was granted by this Court vide order dated 12.08.2021 to consider the submissions made by the appellant’s counsel as noted in the order. 3. The learned counsel for the appellant has not argued on the point which is noted in the leave granting order, rather has raised a submission that the private respondents being direct recruits their names ought to appear junior to the appellant who is a direct recruit in the Ministry and promoted as Assistant w.e.f.…

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