Law:

Section:

Sind Civil Servants Act (XIV of 1973)-- ---S.26--Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R.3(2)--Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R.9(1)--West Pakistan Industries Department Ministerial Service (Regional) Rules, 1965--Constitution of Pakistan (1973), Art. 240--Promotion against post of Superintendent--Seniority of Stenographers and Assistants for purpose of promotion--Stenographer appointed prior to promulgation of Sind Civil Servants Act, 1973 claiming preparation of Combined Seniority List of Stenographers and Assistants for purpose of promotion as Suprintendent as per West Pakistan Industries Department Ministerial Service (Regional) Rules, 1965--Claim rejected on ground that Stenographers and Assistants were two distinct cadres and as such their combined seniority could not be made in view of R.9(1) of Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975-­Decision upheld by Service Tribunal--Held: Rules of 1965 stood superseded by Rules of 1975 framed under S.26 of Sind Civil Servants Act, 1973 in respect of matters covered by probation, confirmation and seniority--In view of R.9(1) of 1975 Rules for purpose of seniority, Stenographers and Assistants would fall in two different categories-­Claim for preparation of combined seniority list was not tenable--Held further, (1) Seniority and promotion prospects being two separate issues determination of seniority should not be confused with prospects of promotion; (2) promotion against post of superintendent would be dependent upon mechanism i.e. method of appointment to be laid down by Government as per R.3(2) of Civil Servants (Appointment Promotion and Transfer) Rules, 1974 and unless new Rules entitle a Stenographer to be considered for promotion as Superintendent he cannot claim promotion under 1965 Rules which are no longer in existence--Plea that 1965 Rules fall in category of Special law and this would continue to apply to ministerial staff of Industries Department regardless of enactment of Sind Civil Servants Act, 1973 and Rules framed thereunder, repelled--Such argument if accepted new Law and Rules which came…

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