Law:

Section:

Sind Civil Servants Act (XV of 1973)-- ---S.8(4) and Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, r.13(4) read with Martial Law Order, 23 and Establishment Division O. M. dated 5-7-1978--Seniority of Promotees--To take effect from date of regular appointment to a post in particular grade-Person not promoted on his turn on grounds of non-consideration for any reason other than unfitness on subsequent promotion to count seniority subject to order passed by competent authority--Officer retired under M.L.R.114 reinstated under M.L.O.23 in Grade-17-Subsequently promoted to Grade-18--Competent authority allowing seniority in Grade-18 only from date of regular appointment and disallowing application of "Next below rule"--Order of competent authority regarding seniority, held, not exceptionable and claim for reckoning seniority over those Juniors promoted to Grade-18 during period appellant remained out of service, in circumstances, rejected by Service Tribunal--Sind Service Tribunals Act (XV of 19735, S.4. Junejo Muhammad Iqbal v. Government of Pakistan and 59 others 1982 P L C (C. S.) 784 distinguished. A.Q. Halepota for Appellant. Manzoor Ali Khan for Respondents Nos.4, 5, 18, 20 and 27. Hassan Akbar, A.A.-G. for the Government. Date of hearing: 23rd August, 1984. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).-- The appellant, an Executive Engineer, has preferred this appeal to claim seniority in that cadre as against respondents 4 to 59 under the following circumstances:- The appellant joined Sind Irrigation Department on 27th January, 1955 as a Supervisor in Grade-16. When the appellant was about to be promoted in S.S.B.II Cadre, Sind Province was marged in West Pakistan constituting one unit on 14-10-1955. The case of the appellant for promotion was referred to the West Pakistan Public Service Commission. However, he was cleared for promotion against pre-integration vacancies available from 13th October, 1955. The Government of West Pakistan then issued orders of promotion of the appellant but reserved the date of promotion to be determined later on. This order was, dated 21st March, 1970. Before the date of promotion could be determined M. L.…

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