Law:

Section:

Civil Servants Act (LXXI of 1973)----- ---S. 12-A--Service Tribunals Act (LXX of 1973), S. 4--Civil servant's transfer to Federal Secretariat initially was on deputation but later on he was absorbed permanently in service--Civil servant was subsequently promoted to Grade 18, with effect from the date of his absorption in service--Subsequently civil servant's case was reviewed wherein Review Board held his promotion to Grade 18 to be irregular and his reversion to Grade 17 was recommended--Civil servant's case was examined by the Departmental Promotion Committee on the recommendation of the President, whereby civil servant was recommended to be absorbed in the service on permanent basis and that he was to rank junior to all the employees of the same cadre who were confirmed on, or before that date-­President approved the recommendation of the Departmental Promotion Committee--Civil servant's representation against the notification of his absorption as per terms of Departmental Promotion Committee, having been rejected, he filed appeal before Service Tribunal--Recommendation by the Departmental Promotion Committee given effect to under the impugned notification was unexceptionable as it was passed by the competent authority and there was no element of mala fides behind it--Question of seniority of civil servant has to be determined on the basis of impugned notification--Civil servant was to have the option to contest the question of his seniority before the relevant authorities--Civil servant's appeal being devoid of merit was dismissed. 1988 SCMR 1199 ref. Muhammad Hanif Bhatti for Appellant. Kowkab Iqbal for Respondents. M/s. Aftab Mahmud, Shujatullah Oureshi and Muhammad Nazir for Respondents Nos. 1 and 2. Respondent No. 4 in person. Date of hearing: 17th October, 1988. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Mr. Khawaja Saeed Perwaiz, while serving as an Assistant Accounts Officer (Grade­17) in the office of the Comptroller, N.-W.F.P., was transferred to the Federal Secretariat to serve on deputation as an Assistant Director (Grade-17) in the National Security Council Division, with effect from 6-8-1970. On abolition of the National Security…

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