Law:

Section:

West Pakistan Agricultural Engineering (Class II) Service Rules; 1963 R. 9 read with r. 7 as modified by Development of Land and Provisions of Machinery for Augmenting the Water Supply in West Pakistan Scheme-Seniority-Persons selected by Public Service Commission for training and eventual appointment as Assistant Agricultural Engineers-Merit assigned by Public Service Commission in making such Selection---Department obtaining advice of Public Service Commission again for assigning merit for seniority on basis of result of training course- Scheme modifying r. 7. held, could not impliedly modify r. 9-Seniority determinable according to merit assigned by Public Service Commission while making selection-Training course merely a qualifying examination and not competitive examination forming basis for seniority-Public Service Commission having given unqualified advice on merit, held, functus officio and not competent to give second advice altering merit already assigned. P L D 1971 S C 846 ref. Nazir Ahmad v. Pakistan P L D 1970 S C 453 and P L D 1959 Kar. 92 distinguished. Muhammad Zaman Khan v. Government of Punjab. 1981 P L C (C. S.) 434 rel.                                                                                                                                                                JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).--In this appeal the appellant is aggrieved of the order of respondent No. 1 dated-7th February, 1973 fixing his seniority below the respondents Nos. 2 to 10 and the advice of the Public Service Commission dated 20th February, 1972 authorising the aforesaid action. The appellant alongwith respondents Nos. 2 to 10 were selected for training and eventually appointed as Assistant Agricultural Engineers in the Agriculture Department under the…