Law:

Section:

(a) Civil service-Appointment-Post falling within purview of Public Service Commission-Appointment made temporarily without determination of suitability by the Commission-Ad hoc appointment without giving right of becoming member of service West Pakistan Public Service Commission (Limitation of Functions) Regulations, 1957, regs. 3(4) & 4. (b)West Pakistan Agriculture Service (Research Wing) Class II Rules, 1963, r. 9(I), Explanation 11-Seniorlty-A and B Agriculture Assistants promoted as Assistant Food Specialist and Assistant Horticulturist respectively temporarily and cases referred to Public Service Commission-Both posts interchangeable and on same cadre-Commission agreeing to regular appointment of A as Assistant Food Specialist subject to condition that if his senior namely B whose case was separately under considera tion was also promoted lie would rank senior to A-Commission, however, subsequently finding B not suitable for appointment as Assistant Horticulturist on basis of the then existing record but on subsequent representation of department and keeping in view subsequent annual reports Commission agreeing to regular appointment of B subject to condition that he would be deemed to have been superseded by his junior A-- Advice of Commission, in circumstances held, consistent with Explanation 11 of r. 9 (1) and A, held, rightly placed senior to Bin class 11.   ORDER S. A. MAHMOOD (CHAIRMAN).-The appellant was show senior to respondent No. 2 in the seniority list published by respondent No. 1 vide notification dated the 25th February 1970. Respondent No. 2 challenged this order and gave a notice to respondent No. 1 under section 80 C. P. C. As a result of this, the case was re-examined and respondent No. 2 was declared to be senior in accordance with order dated the 4tb September 1970.The appellant is aggrieved of this order and has appealed that it should be set aside. The facts of this case are that the appellant was appointed as Agriculture Assistant on 28th September 1949. He was promoted as Assistant Food Specialist in Class II on 26-7-1963. Respondent No. 2 was appointed as Agriculture Assistant on 31-3-1939. He was also promoted…