Law:

Section:

On 23-11-1989 a notice was issued in Writ petitions Nos. 205/S and 206/S of 1987 requiring the Chairman State Engineering Corporation Ltd. Karachi and Managing Director Heavy Mechanical Complex Ltd. Taxila to show cause as to why mandamus should not be issued, directing them to grant the petitioners seniority, increments and all benefits from the date of their release under call up notice under the Compulsory Services Armed Forces Ordinance, 1971 ( Ordinance No.24 of  1971).   Respondents Nos.1 and 2 have entered appearance, filed the written statement while respondents Nos.3 to 22 have not appeared despite service, therefore, ex parte proceedings are taken against them.   Both writ petitions Nos.205/S and 206/S of 1987 involve the examination of common question of law as well as facts and call for similar relief, therefore, these are being disposed of by single order.   The controlling facts of these petitions are not in dispute between the parties. A few uncontested facts are: that Capt: (Retd.) Naqi Ullah (Petitioner in Writ Petition No.205/S/87) was employed as an Apprentice Engineer on 9-1-1983 in Heavy Mechanical Complex Ltd. Taxila (hereinafter described as H.M.C.), that he received a call up notice under section 4 of the Compulsory Service (Armed Forces) Ordinance, 1971 (Ordinance XXIV of 1971), hereinafter described as "the Ordinance". In pursuance of this notice, he joined the Armed Forces, was released from Army in the year 1985. It was on 2-10-1985 when he was appointed as an Assistant Engineer Mechanical in H.M.C. The appointment letter dated 3-10-1985 indicated that he was appointed from 30-10-1985. The petitioner thereon made a representation that his appointment be considered from 9-1-1983. On 26 -2-1987, the Managing Director H.M.C. passed the following order:--   "We are pleased to inform you that your request for continuity of service has been accepted. As such your service has been allowed to be continued with effect from 9-1-1984 Le one year after your joining HMC as Apprentice Engineer. However, you will not claim seniority over others who are already senior to you on the present seniority list and…