Law:

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Service Tribunals Act (LXX of 1973)-- -- S. 4(1) (c)-Seniority list published before 1-7-1969-Claim, however, based on principles and rules formulated in August, 1974--Appellant informed by competent authority that his seniority was not to be refixed under new policy on 21-10-1975-Departmental appeal made on 23-10-1375-Appeal before Tribunal filed on 26-1-1976­Contention that seniority list being of date prior to 1-7-1969, in circum­stances, rejected and appeal having been fled 2 days after expiry of 90 days from date of departmental appeal, held, not time-barred. Appellant in person. Syed M. Shahudul Haque for Respondent No, 1. ORDER MUHAMMAD ILYAS (CHAIRMAN).---This is an appeal by Mr. Abdul Rafiq, Administrative Officer, Energy Resources Cell, Ministry of Fuel, Power and Natural Resources, Government of Pakistan, for the refixation of his seniority as an Assistant. There are eight respondents of whom respondent No. 1 is the Secretary of the, aforesaid Ministry and the respondent No. 2 is Mr. Mir Yusuf Shah, a Section Officer of that Ministry. The remaining six respondents are the officials of the Ministry who are now considered to be senior to the appellant but he claims seniority over them. 2. As stated by the appellant, after passing the Federal Public Service Commission Examination for Assistants held in 1953, he was appointed on 13-8.1955 as a temporary Assistant in the Works and Rehabilitation Division. On 2-1-1960, he was promoted as Assistant Accounts Officer in the Settlement Department whereupon he severed all connections with the Works and Rehabilitation Division. On 15-8-1961, he was appointed as air Assistant in the Capital Development Authority, Islamabad. On 8-2-1965, he joined the Education Division of the Government of Pakistan as an Assistant in the capacity of the Federal Public Service Commission nominee of 1953. In 1967, the appellant again appeared in the Federal Public Service Commis­sion Examination for Assistants and topped the List, Thereafter on transfer from the Ministry of Education he was nominated for appointment in the Ministry of Fuel, Power and Natural Resources which he actually joined on 12-4-1969 as an Assistant. He was…

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