Law:

Section:

(a) Civil service- -- Lien-Kept only by confirmed person-Civil servant working in temporary vacancy-Cannot claim lien-Tapedars neither confirmed in Revenue Department nor working against substantive posts on becoming surplus-To be kept on waiting list for absorption if and when vacancies occurred-Such Tapedars, held, could not to treated senior to persons already working as Tapedar in parent district Sind Board of Revenue letter dated 10-10-1974. (b) Civil service- -- Seniority-Determining factor-Continuous Officiation in particular grade- Tapedar officiating continuously in parent district from date earlier than of absorption of surplus Tapedars of Settlement Department in same district-Cannot be placed junior to such absorbed Tapedars. (c) Civil service- -- Termination of service for want of vacancy-Junior person retained in preference to senior-Order, in circumstances, held, illegal-Re­instatement with pay and other service benefits awarded. JUDGMENT HAMZO KHAN M. KURESHI (CHAIRMAN).-This is an appeal against the order passed by respondent No. 1 on 22-11-1974 thereby displacing the appellant from service who was a Tapedar in his district. The appellant's departmental appeal was dismissed by respondent No. 2 on 4-12-1974. The appellant claims that respondents 3 to 10 were junior to him but sill they were retained in service and he was displaced. Respondents Nos. 1 and 2 have taken shelter behind the order 10-10-1974 passed by the Board of Revenue, Government of Sind directing that seniority of Tapedars transferred from "Surplus Pool" may be fixed according to their year of passing Tapedar's Training Course. Respondents 3 to 10 have contested the appeal and tiled their written statements separately but they were absent when the appeal was argued. Their case is that they were selected for the Tapedar's Training Course by the Deputy Commissioner, Larkana earlier than the appellant hence they were senior to him. Respondent 3 admits that he was not selected by Deputy Commissioner, Larkana but he belongs to Larkana District. Respondent 10 admits that he was convicted in a corruption case and was dismissed from service in the year 1669 but on his representation the…

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