Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Service Tribunals Act (LXX of 1973), S.4--Central Secretariat Service (Class I) Rules, 1965, r. 4(iv) & 12(b)(i)(ii)-­Seniority--Petitioner not appointed on regular basis before operation of r. 4 (iv) and governed by sub-clause (ii) of r.12(b)--Held, can claim his seniority only in terms of sub-clause (ii) of r.12(b)--No case made out for interference with order of Tribunal--Leave to appeal refused. Abdul Hakim, Senior Advocate Supreme Court instructed by M. Kowkab Iqbal, Advocste-on--Record (absent) for Petitioner. Raza M. Akram, Advocate Supreme Court instructed by M.A. Siddiqi, Advocate-on-Record, for Respondent No. 1 Date of hearing: 20th February, 1984. ORDER M.S.H. QURAISHI, J.-- The petitioner disputes the seniority as Section Officer of respondent Muhammad Riaz determined by the Federal Service Tribunal by its impugned judgment dated 15-8-1983. The petitioner had appeared at the first Promotional examination 1967 held under the Central Secretariat Service (Class 1) Rules, 1965, for appointment against 18 posts of Section Officers. The first 18 persons in order of merit who had qualified at the examination were appointed on a temporary basis on 27-12-1968. 89 others (including the petitioner) who had passed the Examination but could not come within the quota, were subsequently appointed as Section Officers on an ad hoe basis. 2. In the second Promotional Examination held in 1969, 50 persons qualified against 24 vacancies. Muhammad Riaz respondent, who secured the 19th position in order of merit in this examination, was among the 24 appointed on a temporary basis on 4-5-1971. The rest 26 were appointed on purely ad hoc basis without entitling them to any vested right on the posts of Section Officers. The respondent was encadred in the Central secretariat Service (Class I) with effect from 9-10-1972 by notification dated 20-8-1973 and although he was shown at serial No.82 but in terms of the notification, the same did not represent the order of seniority of the officers. In the seniority list issued on 6-5-1974 he was placed at No.440, that is, junior to the ad hoc promotees of 1967 Promotional…

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