Law: Constitution of Pakistan, 1973

Section: 212(3)

North-West Frontier Province Civil Servants Act (XVIII of 1973)--   ---Ss.8 9--Constitution of Pakistan (1973), Art. 212(3)--Seniority-­Leave to appeal, grant of--Fixation of seniority and promotion-­Inconsistency in orders of two identical cases--Appeal accepted by Service Tribunal in one case while dismissed in the other--Leave to appeal granted to consider as to whether rule laid down in one case should have also been followed in the other and as to why there was inconsistency in orders passed by Service Tribunal.   ORDER JAVID IQBAL, J.--Leave to appeal is being sought against judgment dated 24th December 1985 of the North-West Frontier Province Service Tribunal, Peshawar. The facts are that the petitioner was appointed as direct Tehsildar alongwith others on 5th August 1965. After the dismemberment of One Unit a seniority list of Tehsildars was published by the Board of Revenue N.-W.F.P. in 1971, but due to the objections of some Tehsildars the matter went up to the N.-W.F.P. Service Tribunal which passed an order dated 19th May 1976 whereupon a fresh seniority list of Tehsildars was published by the Board of Revenue N.-W.F.P. on 30th July 1978. The petitioner was shown at Sr.No.21 in the said list. In the meantime some Tehsildars including the petitioner who were directly recruited as well as some other promotee Tehsildars, were promoted to the PCS cadre in Grade-17 on ad-hoc basis and a seniority list of the PCS Officers was published on 23rd August 1982 in which the name of the petitioner did not appear while the names of persons junior to him were mentioned. Aggrieved by this list the petitioner filed an appeal before the N.-W. F. P. Service Tribunal questioning the seniority of a large number of officers in the said list, but the appeal of the petitioner was rejected mainly on the ground that the petitioner had not been promoted on regular basis and that he should first get his…

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