Law:

Section:

Constitution of Pakistan (1973)----- Art. 212 (3) read with Service Tribunals Act (LXX of 1973), S. 4- Seniority-Appeal-Competence---Determination of rule of seniority by Punjab Service Tribunal in respect of certain civil servants--Benefit of such determination cannot be denied to a civil servant on ground that he was not a party to litigation before Tribunal or on ground that determination eras declaratory of rule of seniority-Department's refusal to accede to request of civil servant for correction of seniority list according to rule determined by Service Tribunal--Held, affords good ground to such civil servant for preferring appeal to Tribunal. Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Date of hearing: 24th November, 1980. ORDER SHAFIUR RAHMAN, J.-The petitioner seeks leave to appeal under Article 212 (3) of the Constitution against an order of the Service Tribunal dated 25-7-1977 determining the rule of seniority applicable to the respondents. 2. The seniority as Clerk Grade-11 (Upper Division Clerk) was required to be fixed as between respondent No. 1, a promotee and respondent No. 2, a direct recruit. The respondent No 1 was promoted to this grade on 12-5-1958 and confirmed as from 17-8-1966. Respondent No. 2 joined the grade on 27-4-1964, was confirmed as from 1-5-1965 but given the notional seniority from 26-3-1954. The rule of seniority applied by the petitioner with reference to fixation of notional date of appointment going earlier to the date of entry into the grade of the direct recruits was the subject-matter of determination by the Punjab Service Tribunal. The interpretation and determination of the seniority by that Service Tribunal was available to the petitioner but the benefit of the rule as interpreted by the Tribunal was restricted by the petitioner to employees who were parties to those proceedings. On rejection of the representation of respondent No. 1 to afford him a similar benefit as against respondent No. 2 he approached the Service Tribunal. The petitioner objected that their seniority stood determined by an order of 1967 and respondent No. 1 could not reagitate the matter. The Tribunal reaffirmed the rule of seniority…

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