Law:

Section:

(a) Civil service- Seniority - Railway servant - Seniority of direct recruits vis-a-vis promotees-Reckonable from date of substantive appointment-Confirmation to be made with effect from date of appointment against permanent post and cannot be made from date earlier than appointment-Ratio of 80:20 laid down for purposes of recruitment-Not relevant for purposes of seniority or confirmation P. W. R. Personnel Manual, Advance Chapter, S. 4, r. 11. Persons appointed against permanent posts of clerks Grade 11 as direct recruits were confirmed from dates earlier than their actual dates of appointment, and their seniority was thus fixed with reference to such earlier confirmation. Held, the ratio of 80 : 20 is not relevant for purpose of fixation of seniority, seniority being normally dependent on the date of entry into service. In the case of P. W. R. seniority has to be determined on the basis of confirmation and dates of con firmation of the parties have been fixed with a view to determine seniority. But in fixing these dates, dates have been assigned much earlier than entry into service of respondents which could not be done. The Railway Board has also conveyed in its letter No. E-67. PM.2/18-II, dated the 26th June 1970, its decision to adopt the principle of reckoning seniority of direct recruits vis-a vis promotees from the date of their substantive appointment. Thus the above principle has been accepted by the Railway Board though with prospective effect. According to Rule 1.1 of section 4 of P. W. R. Personnel Manual, Advance Chapter 1, which is an existing rule, confirmations have to be made from the date of appointment. Khushi Muhammad and 3 others v. The General Manager (Now (Vice-Chairman), Pakistan Western Railway Headquarters Office, Lahore and others P L D 1970 S C 203 fol. (b) West Pakistan Civil Services (Appellate Tribunals) Ordi nance (XVI1I of - 1969), Ss. 4 & 7 read with Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), S. 8-Appeal-Right of-Vested right-Right of appeal as attaching to appeal on date of institution-Continues to apply until appeal finally decided unless there be an express provision to contrary-Appeal filed by…