Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 212(3)-Bifurcation of one Department in two separate departments-Leave to appeal granted to consider question whether Government was justified in considering civil servant as ineligible to a post in one department despite the fact that both these depart­ments at relevant time had combined seniority list.[civil service] (b) Constitution of Pakistan (1973- -- Art. 212(3)-Civil service-Bifurcation of one department in two separate departments-Invitation of option to staff of bifurcated department-Purpose-Invitation, held, does not create any vested right in staff to allocation according to their wish. [civil service] Options are invited only to ascertain the wish of the concerned staff in order to accommodate them, as far as possible, according to their option but such invitation creates no -vested right in the staff to an allocation according to their wish, for, as is obvious if every one were to opt for one or the other Department, the Government could not possibly accommodate their option. The interest of public service has to be kept super most in such situations particularly where the staff has to be allocated and re­allocated on account of organizational changes in the set-up. Raja Abdur Razzaq, Advocate-on-Record for Appellant. M. A. Bajwa, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Respondent. Date of hearing 7th May, 1983, JUDGMENT M. S. H. QURAISHI, J.-This appeal by leave of the Court is directed against the order, dated 26-2-197.9 of the Punjab Service Tribunal, whereby the appellant's appeal was dismissed. 2. The appellant joined service on 13-5-1960 as a junior clerk in the office of the Chief Engineer, West Pakistan Buildings and Roads Depart­ment. On 30-9-1967, the Department was bifurcated into two separate Departments, namely, (1) Highways Department and, (2) Buildings Department. However, as a number of representations were received by the Department from the staff in regard to inter se seniority and prospects of promotion, etc., it was clarified by letter dated 17-2-1968 that the cadre of the various Services of the former B & R Department was still "joint" and that promotion…

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