Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---Civil service---Seniority---Leave to appeal was granted to consider whether civil servants (respondents) could legally be given seniority from the dates of their selection when the entire proceedings before the Selection Board had been quashed, civil servants, had been reverted-to their parent cadre and without working on the post on which they were selected, as promoted officers during the interregnum. (b) West 'Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962--- ----R. 8---Appointment of a person as acting Tehsildar was subject to the condition of his passing the departmental examination provided under the Rules and that until such time he passed that examination, he could not claim any permanent appointment against the post of Tehsildar---Services of such persons were dispensed with on 30-5-1973 before he could qualify the departmental examination or even the period prescribed for training under the Rule could elapse---Such person therefore was never appointed as Tehsildar and was still a trainee candidate for the post of Tehsildar when his services were dispensed with---Promotion of such person to post of Tehsildar from the post of Naib-Tehsildar took place on 29-1-1975 and as such his induction in the cadre of Tehsildar could not be treated earlier to 29-1-1975 in circumstances. (c) West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962-- ----R. 8---West Pakistan Tehsildari and Naib-Tehsildari Departmental Examination and Training Rules, 1969, R. 53---Seniority---Direct selection for the post of Tehsildar (of a person who was already working as Naib-Tehsildar) was though made by the Board of Revenue in the year 1972 but such selection did not amount to the appointment as Tehsildar as in spite of exemption granted by the Board of Revenue from two years training period prescribed under the Rule, he was still required to pass the departmental examination before being appointed as Tehsildar---Before the termination of services of. such appointee he had neither qualified the departmental examination nor competent authority had exempted him from appearing in the examination---Such…

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