Law:

Section:

Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975- --Rr. 10(1) & 11-Seniority - Conditions precedent for r. 11-­Civil servant appointed alongwith others of same batch or on same date-Mere selection by Public Service Commission does not confer vested right for actual appointment - Seniority to reckon on actual appointment-Person selected by Commission not actually appointed with other selectees of his batch for reasons of adverse report on verification of antecedents-Appointment however made subsequently on re-verification of antecedents-Seniority claimed according to merit assigned by Commission alongwith his batch mates under r. 11-Plea rejected-Case, in circumstances, held, not A covered by rule and seniority determinable with reference to actual date of appointment under r. 10(l). Naimatullah Qureshi for Appellant. Ali Bakhsh Leghari for Respondents Nos. 14 and 26. Hassan Akbar, A.A.-G. for the Government. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).-This is an appeal under section 4 of Sind Service Tribunals Act, 1973 on the question of seniority of the appellant in the cadre of Civil Judges in the Province of Sind. The appellant was selected as a Civil Judge by the Sind Public Service Commission in February, 1975 along with Mr. Sajjad Ali Shah and 11 others. The Sind Government did not choose to appoint the appellant, at that time though the Government appointed the remaining selectees from that batch, because on verification of the antecedent of the appellant an adverse report had been -received by the Government. Meanwhile respondents Nos. 3 to 43 were appointed as Civil Judges in batches subsequent to the selection of the appellant in the year 1975. The appellant made a representation, as a result of which his antecedents were got re-verified. As a consequence of this subsequent report, he was considered for appointment afresh as Civil Judge in the year 1978 and his order of appointment was issued on 6th August, 1978. He was thereafter posted as Civil Judge by the High Court. The appellant after his appointment, made a representation through the High Court that his seniority be fixed under the provision of rule 11 of the Sind Civil…

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