Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Limitation--Condonation of delay--Appeal regarding seniority-­Impugned seniority list represented against departmentally in time Delay of one day in appeal explained--Delay, in circumstances, condoned. (b) Civil service- ---Seniority--Passing of departmental examination--Effect on seniority-­Examination prescribed for regularisation of appointment and failure to qualify same in two chances entailing termination--Examination passed in third chance not provided in rules but allowed as a matter of grace-Seniority claimed on basis of passing examination not in accordance with rules or instruction, held, rightly rejected--Grievance against being placed junior to appointees of later year but having passed examination in accordance with rules, held, devoid of substance. Ch. Mushtaq Masood for Appellant. Hafiz Tariq Naseem for Respondents Nos. 1 ;and 2. Respondents No,. 16 18,19 and 22 in person. Date of hearing: 17th December, 1984. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--There two appeals--396(L)/1983 by Shahid Akhtar and 397(L)/1983 by Ikram Ali Malik--are being disposed of together, as common questions of law and fact are involved therein. 2. Both the appellants were selected as National Savings Officer in Grade-11 in 1974 According to the terms of their appointment, they were required to pass the departmental examination in two chances before their services could be regularised. Both the appellants appeared in the departmental examination held on 23-2-1975 and 24-8-1975, but failed to qualify. According to their terms of appointment, their services were liable to be terminated, but they were allowed a third chance as a matter of grace. The examination was held on 29-2-1976 and both the appellants qualified therein. Both the appellants were subsequently promoted to Grade-14 on 30-5-1976 and to Grade-16 on 1-1-1978. 3. While fixing the seniority of the appellants in Grade-11, they were placed junior to all those National Savings Officers who appeared in the examinations held on 23-2-1975 and 24-8-1975 and their seniority among the persons who appeared in the examination held on 29-2-1976 was fixed according…

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