Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Civil services--Seniority, determination of--Civil servant transferred from one post to another equivalent post, under general rules, held, would get his seniority from date of his appointment to such other post and not from date of his previous appointment--Only exception would be where a civil servant was transferred from one Division to another Division alongwith post, work and duties. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Fundamental Rules, &.426--Abolition of post--Rights of civil servant selected for discharge from service owing to abolition of post-­Government, held, was not bound to give any appointment to a person who had been selected for discharge owing to abolition of even a permanent post--Government, however, could provide such civil servant with equivalent post, but if it was not possible, he would be entitled to compensation, pension or gratuity--Such civil servant could be appointed to another establishment even on a lower pay--Provision of Fundamental Rules though not specific with regard to seniority but relatable to pension only, envisage that a retrenched civil servant has no right whatsoever for absorption to equivalent post, and if so absorbed, the action of Government would be as a matter of grace--Such civil servant could not be given terms and conditions to affect other persons adversely. (c) Service Tribunals Act (LXX of 1973)-- ---S. 4--Civil service--Seniority, determination of--Retrenched civil servant absorbed in another Division having no right to adversely affect seniority of a regular employee thereof, grant of seniority to such retrenched civil servant was set aside by Service Tribunal in appellate jurisdiction. Amir Akbar Khan for the State. Respondent No. 3 in person. Date of hearing: 30th May, 1985. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-- In this appeal, there is contest of seniority in B-18 between the appellant, Sarfraz Khan Jadoon and Muhammad Yousuf Chohan respondent No.3, herein. 2. The appellant joined the Ministry of Education as Technical Assistant on 31-8-1963, after having been selected by the Federal Public Service Commission. He was…

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