Law:

Section:

(a) Civil service- ----Seniority-Normally dependent on date of regular continuous officiation in grade-Not to be lost by incident of transfer-Official of Embarkation Headquarter transferred permanently for adminis­trative reasons and in public interest to General Headquarter-Refusal of benefit of service rendered in particular grade in lower formation towards seniority in such grade in higher formation on transfer, held, not sustainable. (b) Service Tribunals Act (LXX of 1973)- ----S. 4-Limitation-Applies to an existing cause of action - Cannot run unless cause of action for instituting legal proceedings arises-­Cause of action arises only when some Statute provides that it accrues -Limitation bars remedy but does not extinguish right which continues to exist-Seniority-Not a sueable and justiceable matter before promulgation of Civil Servants Act, 1973 and Service Tribunals Act, 1973, but became such a matter after promulgation thereof-Cause of action regarding seniority matter therefore, accrues after promulgation thereof -Seniority matter appeal challenged on ground of limitation stating that matter decided in 1970­Provisional seniority list circulated in 1980 inviting objections-A right thus, held, accrued to file objection-Appellant on rejection of his objection filing departmental appeal and on rejection of such appeal filing appeal before Service Tribunal within thirty days­-Objection regarding limitation, in circumstances, repelled and appeal, held, within limitation period. B. A. Ansari for Appellant. Syed M. Shahudul Haque, State Counsel for Respondent No. 1. Nemo for Respondents No). 2 to 96. Date of hearing : 30th March, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The appellant joined the Embarkation Headquarters, Karachi, as L..D. C, on 8-3-1949. He was promoted as U. D. C. on 10-1-1953 and was confirmed as such w. e. f. 12-5-1952. He was transferred with effect from 14-6-1963 to General Headquarters, Rawalpindi, where he was promoted as Assistant on 18-9-1976. On 24-9-198.0 a draft seniority roll (Provisional Seniority List) of Assistants was circulated inviting ` objections thereon, if any, by 31-12-1980. The appellant lodged his objection dated…

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