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. Masud Ahmed Riaz for Appellant, A. G. Hamayun, Distt. Attorney for Respondent No. 1. Ch. Khurshid Ahmed for Respondent No. 5. 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 then Government of West Pakistan in pursuance of Scheme called "The Development of Land and Provisions of Machinery for Augmenting the Water Supply in West Pakistan Training of Assistant Agricultural Engineers" framed by the Government of West Pakistan in the year 1965 which had the effect of modifying rule 7 of the West Pakistan Agricultural Engineering. (Class 11) Service Rules, 1963. The aforesaid Scheme modified rule 7…

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