Case Details

Citation(s)
1983 SLG 1598 1983 SLD 1598 1983 PLC 561
Service Tribunal, N.W.F.P.
Appeal No. 43 of 1979, decided on 16th February, 1982.
ABEEDULLAH, JAN AND IZZAT BAKHSH AWAN, MEMBERS

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MUHAMMAD RAFIQ KHAN

VS

GOVERNMENT OF N.W.F.P. AND 26 OTHERS

Law:

Section:

Civil service- ---Seniority-Integration of various cadres -and amalgamation thereof-Determination of fresh seniority position-Cadres of comprehensive schools and other schools amalgamated and joint seniority determined on principles (1) date of continuous appointment to particular or comparable grade ; (2) officers bracketed together owing to their appointment taking effect from same date to be placed on basis of their respective age and (3) hater se seniority of officers of same cadre as existed before integration not to be disturbed-A junior to B and C in respective cadre before integra­tion-D and E of other cadre finding place above B and C on basis of continuous appointment in comparable grade-A, in circumstances, held, correctly placed below not only B and C but also below- their seniors viz. D and E irrespective of fact that date of continuous appointment of A in comparable grade was prior to that of D and worth-West Frontier Province Service Tribunals Act (I of 1974), S. 4. Muhammad Rafiq for Appellant. Muhammad Latif, Additional Government Pleader for Respondent No. 1. Atiqur Rehman Qazi for Respondents Nos. 4, 5, 8, 9, 11, 12, 15, 17 and 19 to 27. ORDER ABEEDULLAH JAN (MEMBER).-This order is intended to dispose of Appeal No. 43 of 1979 preferred by Muhammad Rafiq Khan, appellant, against Seniority List published by the Secretary to Government of N.-W.F.P., Education Department, on 17th April, 1979. It has been alleged in the appeal that respondent No. 1 has shown the appellant at S. No. 35 of the impugned seniority list and has thus been made junior to respondents Nos. 3 to 27. The appellant has, therefore, challanged the impugned Seniority List and has prayed that the same may be set aside and instructions may be issued to respondent No. 1 to place him at serial No. 10 of the said seniority list. 2. The brief facts of this case are that Government of N.-W.F.P., in Education Department, decided to amalgamate various cadres and for this purpose a Notification was issued on 16-12-1978 proclaiming that the Governor of N.-W.F.P., is pleased to order that the cadres (both Men and Women Sections) of Comprehensive Schools and other Schools, shall be…
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