Law:

Section:

(a) Civil service­--- Seniority--Appointment order entails all consequences including seniority. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Respondent challenging seniority of appellant ensuing from notification of appointment issued about two years back--Vines of such notification never challenged--Argument that such notification could not be considered for purposes of seniority, repelled--Held: (i) appointment notification could not be attacked at such belated stage in collateral proceedings and (ii) appointment order once conceded as valid, operative and legal, would stand as a whole and all consequences including seniority would follow. (c) Punjab Civil Servants Act (VIII of 1974)-- ---S. 22--Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R. 23--Punjab Service Tribunals Act (IX of 1974), S. 4--Appointment of civil servant not in normal mode--Government was fully competent and had unfettered and absolute powers to depart from normal mode of appointment-­Appellant challenging promotion of his juniors and his place in seniority list of Grade-18 officers of General Cadre--Held: (i) appointment of appellant made by specific notification was for all intents and purposes a fresh appointment (ii) respondents having themselves treated appointment of appellant as a fresh appointment were estopped by their own conduct and could not blow hot and cold in same breath by contending that service of appellant be treated as continuation of his past service belonging to nationalised cadre (iii) appointment of appellant being a fresh appointment, he could not be a member of Nationalised cadre which was a dying cadre i.e. one can get out of same but no fresh appointment was to be made therein (iv) by virtue of S. 22 of Punjab Civil Servants Act, 1974 Governor can ignore all provisions of said Act and Rules of appointment where it appears to be just and equitable--Appellant on account of his fresh appointment and having been absorbed in General Cadre in Grade-18, in circumstances, was entitled to be assigned seniority in that cadre from date of such appointment. Raja Muhammad Akram for Appellant. A.G. Humayun, District Attorney for…

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