Law:

Section:

Constitution of Pakistan (1973)--Art. 212 (3)--Punjab Civil Servants Act (VIII of 1974), Ss. 2, 7 8--Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1973--West Pakistan Civil Servants (Executive Branch) Rules, 1964, r.9(4)--Civil services- -Seniority--Promotees vis-a-vis initial appointees--Manner for determining seniority--Judgment of Service Tribunal upheld--Leave to appeal refused. 1982 SCMR 98 rel. ORDER ASLAM RIAZ HUSSAIN,J.--The petition is directed against the judgment of the Punjab Services Tribunal dated 18-6-1983, dismissing the petitioners appeal in a seniority matter. 2.The facts giving rise to the petition are briefly as follows:- Mr. Zulfiqar Ali Toor and 7 others (Petitioners herein) are Magistrates. They were selected for appointment as Magistrates/E. A. Cs. by the Punjab Public Service Commission and were appointed on different dates between 16th of February, 1974 and 4th March, 1974. The contesting respondents (Nos.3 to 23) are also Magistrates. They have been divided by the petitioners, for the purpose of this petition, into following batches:- First Batch Respondents 3 to 6 who are shown at Serial Nos. 51 to 56 in the impugned seniority list and are selectors of 1973. Second Batch: Respondents Nos. 7, 8 and 9 have been shown at Serial No. 57, 58 and 59 in the impugned seniority list. They were originally direct recruits of 1975 but were subsequently declared as Promotees and given promotion w.e.f. 10-7-1974 through order dated 5-3-1977. Third Batch: Respondents Nos.10 to 23, who appear at Serial Nos. 60 to 73 in the seniority list. They are Promotees from the rank of Tehsildars/Naib-Tehsildars with the same date of promotion viz. 10-7-1974. 3.The respondents were placed senior to the petitioner-Magistrates in the seniority list dated 31-12-1977' (hereinafter referred to as the impugned seniority list). The petitioners were aggrieved by this fact and, after exhausting the departmental remedy, they filed an appeal before the Punjab Services Tribunal under section 4 of the Punjab Services Act, 1974. The appeal was, however, dismissed by the learned Service Tribunal, vide the impugned judgment dated 18-6-1983, inter alia, on…

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