Law: Constitution of Pakistan, 1973

Section:

Summary:

The court disposed of the petition seeking seniority declaration by the Petitioner, holding that both parties were appointed to unadvertised posts through departmental accommodation, violating recruitment rules. The court directed regularization of their positions with seniority principles per Supreme Court precedent or re-advertisement, rendering existing seniority and promotion disputes irrelevant.

Core Points:

• Petitioner and Respondent No.4 applied for Deputy Director (Electronics) in 2007 but were appointed different unadvertised Deputy Director posts.
• Petitioner claimed seniority based on earlier birth and joining dates; Respondent No.4 claimed seniority based on initial principal selection.
• Earlier seniority lists favored Petitioner; later notifications favored Respondent No.4 without proper hearing or justification.
• Court found appointments to unadvertised posts violated recruitment rules and were departmental accommodations.
• Court referred to Supreme Court precedent (Sarosh Haider v. Muhammad Javed Chundrigar) for regularization of seniority or directed re-advertisement.
• Pending seniority and promotion claims rendered irrelevant under the court’s directions.
• Petition disposed of accordingly.

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