Law:

Section:

Civil service- --- Seniority-Rules requiring appointment by direct recruitment and promotion in specified ratio--Seniority-Direct recruits vis-a-vis promotees-Would count from date of regular appointment in cadre--Ad hoc appointment held from date prior to regular appoint­ment against prescribed quota vacancy, held, would carry no weightage for purposes of seniority-[Khushi Muhammad and others v. General Manager. P. W. R. P L D 1970 S C 203 held not applicable]. Khushi Muhammad curd others v. General Manager, P. W. R. P L D 1970 S C 201 held not applicable. ORDER Consequent upon the introduction of rules of recruitment to class I posts of Regional Engineers and other posts in that cadre in Radio Pakistan under the Ministry of Information and Broadcasting vide Notification No. 3(34)/64. B-I dated 21-9-1967, recruitment/appointment was to be made to 34 posts/vacancies of Regional Engineer. In accordance with the provision of these Rules, recruitment was to be made by the following method;- (1) 33½ % vacancies to be filled by promotion in accordance with Part II of the Rules. (2) The remaining 66 2/3% to be filled by direct appointment in accord­ance with Part-III of the Rules. (3) If no suitable officer is available for promotion the vacancy or vacancies shall be filled by direct appointment. (4) Promotion against the departmental quota will be made first and the vacancies reserved for direct appointment filled later as required under the ; Establishment Division O. M. No. 15(39)/(52)/BA-II dated 29-1-1954. 2. Out of the 34 vacancies, 11 were filled by promotion in accordance with Part-II of the Rules, as required under items 1 and 4 referred to above. The remaining vacancies were advertised through the Federal Public Service Commission for direct appointment. 3. As regards, the departmental quota for promotees, first 11 persons on the seniority list were actually promoted and the appellant being 12th was left out in the batch. It so happened that one of the promotee officers, Mr. Ali Asghar proceeded on, retirement, six months after his promotion. 4. The petitioner, being ineligible due to non-possession of a second class degree, could not compete for direct…

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