Law:

Section:

Civil service­--- ----Seniority--Position enjoyed unchallenged in accordance with rules and- practice- Cannot be disturbed unilaterally-Selection Grade U. D. C. (re-designated as Audit Assistant) in Directorate of Audit and Accounts (Works)-Promoted from U. D. C. (redesignated as Auditor)-Both treated as two separate groups for purpose of seniority-Seniority being determined with reference to date of confirmation as Selection Grade (Audit Assistant)-Such practice in vogue unchallenged for years since inception of cadre of selection 401 grade (Audit Assistant)-Subsequent sudden decision for altering principle of seniority and basing same with reference to date of appointment as U. D. C. continuously, in circumstances, held, not sustainable-Spirit of law viz. S. 8 (1) of Civil Servants Act, 1973, in circumstances, held, was to treat two separate grades as separate for purpose of seniority-Civil Servants, (LXXI of 1973), S. 8 (1). Tufail Ahmed for Appellant. Hafiz Tariq Naseem, State Counsel for Respondents Nos. 1 to 3. Ch. Muhammad Jahangir Wahla for Respondents', Nos. 4 and 5. Date of hearing : 22nd December, 1981. JUDGMENT A. O. RAZIUR RAHMAN (MEMBER).-The appellant, Mr. Abdul Wahid, at present Assistant Superintendent in the Office of Director, Audits and Accounts (Works), Lahore, was a permanent U. D. C. (later on designated as Auditor) under the Director, Audit and Accounts (Works) Lahore and was later selected, promoted, and confirmed as Selection Grade Clerk (re­designated as Audit Assistant) on 1-1-1956. He was confirmed as Audit Assistant on 18-11-1959 and is continuing as such till now. Two of his other colleagues, Messrs Haji Muhammad Khan and Muhammad Afzal Mian, respondents Nos. 4 and 5, were promoted as Audit Assistants on 6-12-1961 and 14-4-1962, respectively. Haji Muhammad Khan, respondent No. 4 was confirmed on 12-5-1961 and Mr. Muhammad Afzal Mian is still officiating. In accordance with the standing rules and instructions on the subject obtaining at the relevant time, the inter se seniority of all the three officers was shown in the seniority lists prepared from time to time as under: Date of Publication of list Appellant Respondent 4…

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