Law:

Section:

(a) Sind Civil Servants (Probation. Confirmation and Seniority), Rules, 1975--- ---R.10--Seniority of civil servant--Mode of reckoning--Seniority of civil servant, held, is to be reckoned from the date of his regular appointment. (b) West Pakistan Education Service (Class II Administrative Branch, Men Section) Rules, 1963-- ---R.6--Appointment on initial recruitment--Such appointment, held, was to be made on recommendation of Public Service Commission--Where such appointment was made by Selection Board, same was required to be approved by Public Service Commission. (c) Sind Civil Servants Act (XIV of 1973)-- ---S. 7(5)--Confirmation of civil servant when effective--Confirmation of civil servant in a service or post, held, would take place from date of occurrence of permanent vacancy or from date of continuous officiation, whichever was later--Date of continuous officiation however, would not help civil servant if permanent vacancy was not available-­Where civil servant was appointed in a permanent vacancy and that too not on ad hoc basis, then his appointment would be followed by a period of probation--After ad hoc appointment was regularized, period of probation would start--As period of probation would follow and not precede the regular appointment, even period of ad hoc appointment which precedes regular appointment could not be counted towards period of probation--Confirmation of civil servant could not be made retrospectively from date of ad hoc appointment. (d) Sind Service Tribunals Act (XV of 1973)-- ---S. 4--Sind Civil Servants Act (XIV of 1973), S. 7(5)-Appeal against list of seniority--Mode of reckoning seniority--Where appointment of civil servant was to be regularized after clearance from Public Service Commission, his seniority, held, was to be reckoned from said date--Seniority position assigned to civil servant being based on regularization of his appointment could not be assailed in appeal. Naimatullah Qureshi for Appellant. Abdul Ghafoor Mangi, Assistant Advocate-General for Respondents. Date of hearing: 22nd June, 1987. JUDGMENT MUNAWAR ALI KHAN (Chairman).--By -this appeal, appellant Jan Muhammad has. impugned the seniority position assigned…

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