Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- -- S. 4 read with Civil Servants Act (LXXI of 1973); S. 8­Seniority _ Maintenance of seniority list-Purpose-Not only proper administration of service, cadre or grade but also efficient functioning of administration itself - Appointing authority under legal obligation to prepare and maintain up-to-date seniority list-Impugned seniority list though succeeded by two earlier lists and acted upon for purposes of promotion-­Taking shield of technical pleas with a view to avoid adjudication of claim relating to terms and conditions of a civil servant by Service Tribunal on plea that such list was yet provi­sional in circumstances, held, really a pitty-Respondent. Depart­ment (Establishment Division) advised to shed such unreasonable and unjust attitude-Representations of appellant against impugned seniority list remaining undecided-Appeal filed after exhausting departmental remedy against such seniority, in circumstances, held, competent S. H. M. Rizvi v. Maqsood and others P L D 1981 S C 612 and Sajjad Ahmed Khan v. Government of Sind and another 1981 P L C (C. S.) 203 distinguished. Muhammad Afzal v. Government of the Punjab 1982 S C M R 408 and Islamabad Club v. Punjab Labour Court P L D 1981 S C 81 and P L D 1957 Kar. 685 ref. Mrs. Munawar Sanni v. Director, Army Education 1984 S C M R 35 rel. (b) Civil Servants Act (LXXI of 1973)- --S. 8 (4)-Seniority - Determining factor-Date of regular promotion to a post in particular grade-Seniority as Deputy Secretary in Secretariat Group-Officers drawing pay in N. P. S. 18 with special pay of Rs. 440 p. m. to in appointments as Officer on Special Duty and Deputy Solicitor equivalent to and comparable with post of Deputy Secretary subsequently formally appointed as Deputy Secretary-Held: Entitled to seniority from date of his initial appointment in such posts and not merely from date of his joining post of Deputy Secretary. (c) Civil Servants Act (LXXI of 1973)- --S. 8(3)-Seniority-Lateral entrants-Inter se seniority in Secretariat Group-Principle of inter se seniority on basis of selection in one batch-Cannot be availed for purposes of affecting adversely right of seniority of other…

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