Law:

Section:

(a) Civil Servants Act (LXXI of 1973)- --S. 12-A-Service Tribunals Act (LXX of 1973), S. 4-Jurisdiction of Service Tribunal-Exclusive in matters relating to terms and conditions of service of persons in service of Pakistan-Order passed under S. 12-A of Civil Servants Act, 1973--Within jurisdic­tion of Tribunal. (b) Civil service- - -Promotion-Requirement of length of service in lower grade-­Requirement of 5 years' service in Grade-17 for promotion to Grade-18-Service in Grade-16 is counted as half and in grades below Grade-16 as 1/4th-Service rendered not under Provincial or Federal Government i. e. in Semi-Government Organisation cannot count towards reckoning period of service for promotion. (c) Civil Servants Act (LXXI of 1973)- --S. 8-Seniority-Promotees vis-a-vis direct recruits-Provision giving priority to a promotee over direct recruits of same year-­Whether ultra vires provisions of Civil Servants Act, 1973-Quaere. Abid Hussain Minto and Syed M. Shahdul Haq, State Counsel for Petitioner. Abdul Hakeem Khan and Muhammad Asghar 'Khan for Respondent No. 5. Date of hearing : 13th August, 1984. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-The appellant, M. Anwar Butt, was appointed as Assistant Director, Bureau of Emigration and Overseas Employment in B-17 w.e.f. 1st March, 1975 on ad hoc basis. His appointment received the approval of the Federal Public Service Commis­sion on 1st October, 1975 and his formal order for appointment on regular basis was made on 8th August, 1975. By order, dated 4th October, 1976, the appellant was promoted as Deputy Director (B-18) in the same Bureau and he took over the charge of his new assignment on 7th October, 1976. 2. The appellant had earlier in Appeal No. 111 (R)/80 succeeded in getting declared senior to Mr. Sarwar Naseem, respondent No. 3 herein. He also succeeded in his claim for counting his seniority w.e.f. 1st October, 1975, the date on which he was approved by the Public Service Commission. 3. While Appeal No. 111 (R)/80 was pending, the President on 8th March, 1981 was pleased to pass an order under section 12-A of the Civil Servants Act (LXXI of 1973) directing that Mr. M. Anwar Butt, the appellant, shall…

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