Law:

Section:

(a) West Pakistan Civil Service (Executive Branch) Rules, 1964--Rr. 5, 5-A, 5-B, & 9 (3) read with Notification, dated 18-5-1974 ­Direct recruitment under special provisions-Seniority, computation of-Rule 5-A added as a special provision for making direct recruit­ments in deviation of normal rules-Rule 5-A covering appointments to be made only during year 1973 and lapsing on expiry of year any reference to r. 5-A thereafter could only be for purpose of identifying selectees concerned and not for claiming any right in terms of such rule for appointments made after 1973-Rule-making authority while making r. 5-B conscious of fact of r. 5-A having lapsed and becoming ineffective for purpose of appointments to be made in 1974 and thus r. 5-B added-Appointments of petitioner in 1974 a week previous to issue of notification, dated 18-5-1974, in fact not governed by any rule in force at relevant time and consequently while making appoint­ments condition attached that appointees would be governed by rules, regulations and instructions issued in future-Petitioners in accepting offer of appointment in circumstances, held, must be deemed bound by notification, dated 18-5-1974 subsequently issued-Appoint­ments of petitioners, held further, made in pursuance of decision already taken by Government and reflected in notification, dated 18-5-1974 though issue of notification took some time while appointment letters issued a week earlier due to lack of co-ordination between dealing sections.-[Civil service]. (b) Punjab Civil Servants Ordinance (11 of 1974)- -- Ss. 8 & 25 read with notification, dated 18-5-1974-Vires of rules-Seniority, determination of-Principle of seniority prescribed by notifica­tion dated 18-5-74-Not in conflict with S. 8 of Ordinance-Notification having been issued by Governor in exercise of his powers under S. 25 of Ordinance enabling him to make such rules as appear to be necessary or expedient for carrying out purpose of Ordinance-Appointments in question having not been made under ordinary rules but under a special provision, seniority of such appointees governed by principle prescribed therein and by notification dated 18-5-1974. (c) Punjab…

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