Law: Federal Service Tribunals Act, (LXX of 1973)

Section: 4

Law: Civil Servants Act, 1973

Section: 8

(a) Service Tribunals Act (LXX of 1973)S. 4Civil Servants Act (LXXI of 1973), S. 8AppealCompetency­Seniority list which employees who were selected and appointed as Vice­ Principals by way of direct recruitment in BPS 18 were merged in category of teachers, had been challenged in appealObjection to competency of appeal had been raised on behalf of respondents contending that list challenged 'in appeal being provisional seniority list, Service Tribunal, in absence of any final order of Authority, could not adjudicate upon grievance of appellants/employeesAuthority stated that representations made by employees against list in dispute were pending consideration and it could not be said as to when those representations could be decidedObjection with regard to competency of appeal was repelled on two grounds, firstly that seniority list was being acted upon and, promotions were being made on that basis against which some appeals were pending for adjudication before Tribunal and secondly merger of various categories of teaching staff in one cadre was totally in disregard of provisions of Civil Servants Act, 1973 and was ab initio illegal.PLD 1981 SC 612; Federation of Pakistan v. Rais Khan 1993 SCMR 609 and 1984 PLC (C.S.) 546 ref.(b) Service Tribunals Act (LXX of 1973)S. 4Civil Servants Act (LXXI of 1973), S. 8Islamabad Model School for Boys (Service) Rules, 1983, R.11Civil Servants (Seniority) Rules, 1993, Rr. 2, 3, 4 & 7SeniorityDetermination ofEmployees were directly recruited as VicePrincipals in BPS18 after due process of selection by Committee­Seniority of employees previously was maintained separately according to grade, cadre and post but impugned seniority list issued later showed employees as teachers despite they had never been teachers or senior teachersEmployees had not challenged seniority, but their contention was of legal nature as previous seniority lists were being maintained cadrewise separately­Employees had contended that as they had directly been recruited as Vice Principals in BPS18, merger of their post .with category of teachers, was devoid of Rules and general principles of seniorityPost of VicePrincipal, carried more…