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Constitution of Pakistan (1973)----Art. 212(3)--Punjab Civil Servants Act (VIII of 1974), Ss. 7 & 8--Seniority--Promotion on basis thereof--Petitioner's claim of seniority not established from record--Plea that respondent did not possess prescribed technical qualifications .for promotion, also not sustained-­Leave to appeal refused. ORDER MIAN BURHANUDDIN KHAN, J.--The petitioner Muhammad Mumtaz joined service as a Tracer in the S.E. Department, Lahore on the 4th December, 1969. Respondent No. 5 Mr. Mushtaq Ahmad was also recruited as a Tracer along with the petitioner on one and the same day. Both the petitioner, Mr. Mushtaq Ahmad and respondent No. 5 held the same technical qualifications. When submitting his joining report on the 4th December, 1969, the petitioner stated in his application that he was reporting the "arrival today the 4th December, 1969 before noon" . The case of the petitioner is that the word 'forenoon' in the application was crossed and replaced by the word afternoon. 2. In January 1974, the staff position according to the petitioner was as shown in the statement prepared by the petitioner and placed on the record. In this statement 10 posts of Draftsmen, 5 Draftsmen (including the petitioner and Mr. Mushtaq Ahmad) had been recruited through initial or direct recruitment whereas there were 4 promotee Draftsmen. According to the recruitment rules, the ratio of direct recruitment was 20% i.e.2 posts while that of promotees 20%, i.e. 2 posts out of a total of 10 vacancies. 3. A new Division was created at that time for which 2 Draftsmen were required to be recruited against the direct recruitment quota. The petitioner and the respondent No. 5 Mr. Mushtaq Ahmad applied for the post and were selected for appointment as Draftsman on the basis of their technical qualifications by the Superintending Engineer, Highway Circle, Sargodha on 19th January, 1974. The petitioner joined as Draftsman on 23rd January, 1974 afternoon and respondent No. 5 Mushtaq Ahmad on 24th January, 1974 forenoon. The seniority list of the Drawing Establishment was issued on the 31st December, 1981 by the Superintending Engineer, Highway Circle, Sargodha, in which the…

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