Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-- ---S.25--Civil Servants Ordinance (XIV of 1973), S.25--Rules made under Civil Servants Laws--Prospective--All rules made under Civil Servants Act or Civil Servants Ordinance, held, had to be construed with prospective operation and not with retrospective operation. (b) Civil Servants Act (LXXI of 1973)-- ---S.8--Civil Servants Ordinance (XIV of 1973), Civil Service of Pakistan (Composition and Cadre) Rules, 1954, R.37--All-Pakistan Services (Change in Nomenclature) Rules, 1973--Seniority of C.S.P. Officers-­Rules affecting seniority--Application of rules--All rules affecting former Officers of C.S.P. would be applicable to situations existing after enactment of Civil Servants Ordinance, 1973 and Rules made thereunder--Seniority of C.S.P. Officers in All-Pakistan Unified Grades, held, could not be distorted--Any seniority to which a Member of Grades was entitled before constitution of Secretariat Group could not be destroyed by any subsequent change in principles of seniority--By making a provision in relevant Office Memorandum, that seniority should count from date an officer became Deputy Secretary or was promoted to Grade-19, whichever earlier, distortion in seniority of other Federal Services was removed, but in case of C.S.P. Officers this formula could not work as there was no scale comparable to Grade-19 (Junior Administrative Grade) and C.S.P. Officers used to be promoted to Joint Secretary's Grade from senior C.S.P. scale comparable with Grade-18, and post of Deputy Secretary was never a promotion post in cadre--Thus if after coming into force of Civil Servants Act, an officer of former C.S.P. who was senior to his colleagues working as Deputy Secretary in Secretariat, but an officer who was working in a Province and elsewhere, would, when brought to Secretariat later, retain his seniority vis-a-vis his colleagues--In other words, if an officer of former C.S.P. was appointed as Deputy Secretary in Secretariat sub-group. within All-Pakistan Unified Grades, he would count his seniority from date he completed eight years of service if any of his colleagues junior to him had already been promoted--Respondent…

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