Law:

Section:

(a) Civil Service-Seniority-Date of promotion of two officers in higher rank being same-Seniority to be determined by their respective position in next lower grade. (b) Civil service - Appointment and confirmation-Government competent to assign date of appointment and confirmation with retrospective effect-Pro forma date of promotion assigned by competent authority cannot be ignored for purposes of seniority. Muhammad Athar and others v. Pakistan and others P L D 1962 S C 367 fol. ORDER S. A. MAHMOOD (CHAIRMAN).-In this appeal by Sh. Sarfraz Ahmad, Superintending Engineer, under section 4 of the West Pakistan Civil Services (Appellate Tribunals) Ordinance, 1969, he claims seniority over Mr. M: A. Qureshi, Chief Engineer and Mr. Iftikhar Ali Qureshi, Chief Engineer, respondents Nos. 2 and 3 in the rank of Superintending Engineer. We may mention that we have dismissed the appeal of Sh. Sarfraz Ahmad for fixation of his seniority above Mr. M. A. Qureshi, respondents in Case No. 502/195 of 1970, on the ground that Mr. M. A. Qureshi was senior to him in Class I (Junior) and as such bad to rank senior to the appellant as Executive Engineer when they were confirmed as Executive Engineers on the same day. The service particulars of the appellant are these:- He joined as Temporary Engineer on 10-7-1944, was appointed to Class II as Assistant Engineer on 6-7-1949, was promoted to Class I (Junior) as Assistant Executive Engineer on 1-2-1954, and became officiating Executive Engineer on 9-10-1949. He was confirmed as Executive Engineer from 30-6-1654, and was promoted as officiating Superintending Engineer on 12-10-1954. Mr. M. A. Qureshi, respondent No. 2, was recruited as Assistant Engineer in Class II on 8-1-1947 and was promoted to Class I (Junior) on 23-8-1950. Thus Mr. Qureshi ranks senior to the appellant in Class I (Junior) by nearly 2 years and 6 months, as Mr. Qureshi began to officiate as Executive Engineer on 8-8-1952. He was confirmed from 30-6-1954. The date of confirmation of Mr. M. A. Qureshi and the appellant being the same, their seniority in the rank of Executive Engineer had to be determined by the seniority in the next, below grade of Assistant…