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North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--Appeal--Seniority of respondent impugned--Both appellant and respondent were selected on basis of interview--No marking list or any other formula was maintained by Selection Committee while interviewing various candidates--Department of which appellant and respondent were employees had no rules with regard to preparation of seniority list excepting general rules-­General criteria i.e., age of both the employees and date of taking the new assignment had to be followed in absence of any formula having been mentioned in the minutes of Departmental Selection Committee--Record showed that appellant joined the service two days after the respondent--Respondent was senior in age to the appellant--Respondent thus ranked senior to appellant on basis of above stated analogy. Adam Khan for Appellant. Public Prosecutor for Respondents Nos. 1 and 2. Oazi Muhammad Anwar for Respondent No. 3. Date of institution: 13th December, 1987. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--The present appeal was filed under section 4 of the N.-W.F.P. Service Tribunals Act, 1)74 against the order of respondent No. 1 dated 1-8-1987 vide which respondent No. 3 was shown senior than the appellant. According to him both joined the department as Labour Inspectors in NPS-9 on 17-8-1978. In the seniority list dated 31-8-1978 appellant was shown against S.No.1 and respondent No. 3 at S.No. 3. Another list dated 5-5-1987 was circulated in which appellant was shown at S.No. 10 and respondent No. 3 at S.No. 12. However, respondent No. 3 raised objections to it and the appellant was asked to give his comments. The same was done on 14-7-1987 but the impugned seniority list dated 1-8-1987 would contain the names of the respondent No. 3 at S.No. 10 and appellant at S. No. 11. An appeal was filed by him but no reply so far; hence the present appeal on the ground that the impugned order is illegal, arbitrary and based on a time-barred representation. The initial seniority list was not challenged by the respondent No. 3 and the same had got finality. Claim of the appellant was resisted by the respondents, who submitted separate…

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