Law:

Section:

Government of India, Ministerial Establishment (Recruitment, Promotion and Seniority) Rules, 1937  Section V, para. 8(a), Section VI, para. 10(a), r. 2(b) & (c)-Special Routine Order No. 219, office Memorandum No. 33/l/48-Est-(ME) dated 15-3-1948 and Part II General-Temporary lower division clerks in Armed Forces Headquarters, India, appointed before Independence-Seniority, determination of-Appellants qualifying at Federal Public Service Commission examination held subsequently Not appointed as result of such examination, hence, not direct recruits but only departmental candidates-Can be appointed only in a vacancy available for promotion-Vacancies in ordinary cadre to be filled by candidates nominated as result of Public Service Commission examination-Appellants never so nominated-Appellants' case, held, not covered by 1937 Rules read with Memo. dated 15-3-1948-Seniority not to be disturbed after lapse of a quarter century-Writ petition, held, rightly dismissed. Dates of hearing : 19th, 21st and 25th March 1974.                                                                                                             JUDGMENT SALAHUDDIN AHMED, J.-'I his appeal by special leave is from the order of the erstwhile High Court of West Pakistan dismissing the writ petition of the appellants. The three appellants were originally appointed as temporary Lower Division Clerks in the Armed Forces Headquarters, India, hereinafter called `AFHQ', before the Independence in September, August, 1944 and in July 1942, respectively. On the conclusion of the war in the year 1945, under Special Routine Orders dated February 28, 1947, issued by the Chief Administrative Officer, Ministry of Defence, it was decided that the tempo rary employees would be absorbed in the permanent vacancies in AFHQ, provided they qualified at the Federal Public Service Commission Examina tion. The Special Routine…