Law:

Section:

(a) Civil service---- -- Appointment by selection regularly--No selection of any kind made-Mere use of word "selected" in appointment order-Not sufficient to substantiate contention of selection against merit quota. (b) Civil service--- --- Seniority--Emplacement in seniority list-Does not create vested right to a particular seniority-Power to receding till decisive step taken-Principle of locus poenitentiae, held, available to competent authority to rectify a mistake. (c) Civil service-- ---- Seniority-Entries in provisional seniority list-Create no right ­Rectification of mistake by withdrawing irregular order creating no vested right-Not violative of principle of locus ponitentiae. Pakistan v. Muhammad Himayatullah P L D 1969 S C 407 distinguished. (d) Civil service- --Seniority- Determinable by rules- Rules not yet framed Government decision in circumstances, even to very earlier decision cannot be challenged. Athar v. Pakistan P L D 1962 S C 367 ref. (e) Civil service----- --Ad hoc appointee relpaceable by regular selectee-Cannot claim seniority vis-a-vis persons belonging to same grade on regular basis. Khushi Muhammad and 3 others v. The General Manager, Pakistan Western Railways P L D 1970 S C 203 distinguished. Manzoor Ali Khan for Appellant. Syed Muhammad Shahudul Huque for Respondents Nos. 1 and 2. Date of hearing : 17th October, 1978. ORDER B. G. N. KAZI (MEMBER).-----Mr. Noorullah Qureshi, Statistical Investigator, Statistics Division, Ministry of Finance, Planning and Economic Affairs, Government of Pakistan, has filed appeal citing besides Secretary to the Government of Pakistan, Ministry of Finance, Planning and Economic Affairs, Statistics Division, Karachi and Secretary to the Government of Pakistan, Establishment Division, respondents Nos. 3 to 105 who are all posted in Statistic Division, Karachi of the Ministry of Finance, Planning and Economic Affairs, as respondents. 2. It may here be stated that besides the instant appeal there are 11 more such appeals in which too the main grounds of appeal are the same. Since the grounds taken are important it was considered fit and proper that these Appeals Nos. 47(K) to 53(K), 55(K), 70(K) and 91 (K)…

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