Law:

Section:

Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981)- ---S. 3--Sind Service Tribunals Act (XV of 1973), S. 4--Seniority--Population Planning Officer, were to attain status of civil servants approval by Public Service Commission--Appellant civil servant initially failed to appear before Public Service Commission while respondents appeared and were approved--Appellants, subsequently, also appeared and were approved--In seniority list prepared by Government, appellants civil servants were placed junior to respondents--Seniority list challenged by appellants--Appellants as well as respondents became cavil servants after their appointment on recommendation of Public Service Commission under Ordinance XIV of 1981--Seniority of a civil servant under S. 3 of the Ordinance would be determined not from the date of such appointment but from the date of appointment in the specified grade in their original establishment--Appellant's appointment having been notified under S. 3 of Ordinance XIV of 1981, their seniority was to be determined in accordance with S. 8 of the Ordinance which requires seniority to be reckoned from the date of their appointment in the original establishment--Seniority position assigned to appellants in violation of legal requirement would not be sustainable-­Respondents who had been promoted prior to appellant's appointment under the Ordinance, their appointment could not be disturbed--Appellants' seniority would thus be re-determined with the requirements of S. 8 of Ordinance XIV of 1981. 1980 S C M R 1175 and 1988 S C M R 620 rel. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This judgment will dispose of three appeals: Appeal No. 88 of 1987 filed by Mazhar Ali Memon, Appeal No. 89 of 1987 filed by Gul Muhammad Bhatti and Appeal No. 90 of 1987 filed by Shamim Ahmad Khan. These appeals have arisen from the seniority list of B.S.17 Officers issued on 14th July, 1987 by Secretary to Government of Sind, Population and Welfare Department. All the three appellants claim to be senior to the private respondents specified in their respective memos of appeal. The factual background of their case is that they were…

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