Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Civil Servants Act (LXXI of 1973), S. 8--Seniority-­Government department revising seniority list on basis of principle declared by Service Tribunal in a case concerning a different department--Change in petitioners seniority and consequential reversion--Service Tribunal disposing of petitioners appeal on basis of its earlier decision--Order impugned--As correctness or otherwise of basic was under consideration in another case before Supreme Court, and in view of substantial questions of law raised, leave to appeal granted. Muhammad Umer Malik etc. v. Service Tribunal etc. Civil Appeal No. 82 of 1982 ref. Raza Hussain Shamsi, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 6th November, 1985. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--The petitioner entered Government service in the Office of Accountant-General Post Telegraphs and Telephones, Lahore, on 3rd August, 1948, as a Lower Division Clerk (BPS-5). On passing the departmental examination, he was promoted as Upper Division Clerk (BPS-7) on 23rd February, 1954. The case of the petitioner is that there was no separate cadre constituted for the Selection Grade Upper Division Clerks and both types of posts, i.e. ordinary Upper Division Clerks and Selection Grade Upper Division Clerks constituted one and the same cadre of Upper Division Clerks. 2. With effect from 1st March, 1972, however, the scheme of National Pay Scales was introduced and Selection Grade posts in the Upper Division Clerks cadre were abolished, with the result that ordinary Upper Division Clerks and Selection Grade Upper Division Clerks were admittedly placed in the same cadre. Subsequently, with effect from 1st July, 1973, the Government reintroduced the scheme of selection grade in Upper Division Clerks cadre and prescribed 35% of the cadre as selection grade posts. As a sequel to this new arrangement the Upper Division Clerks were designated as Auditors (BPS-7) while the selection grade holders of the cadre were designated as Accounts/Audit Assistants (BPS-11). However, the petitioner maintains that notwithstanding the different nomenclatures both the Auditors as well…

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