Law:

Section:

Civil service--- Seniority--Promotion--Civil servant's colleagues/ respondents were promoted to the post, in 1980 while civil servant was promoted to similar post m 1984-­Resondents were thus rightly placed senior to civil servant/petitioner--Persons having rendered three years' service would be eligible for promotion/appointment--Requisite length of service of respondents was considered by the department and thus their appointment/promotion was regular and in accordance with the prescribed manner--Civil servant was thus rightly placed as junior to respondents. ORDER USMAN ALI SHAH, J.--The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, dated 31-3-1988, whereby his appeal against the seniority of respondents No.3 & 4 was rejected. The question involved in this case is whether an appeal was competent before the Tribunal under section 4 of the Federal Service Tribunal Act, 1974. The admitted position is that the petitioner was initially appointed as Stenotyp1st on 22-11-1974 on a trial basis for a period of three months. Eight others including respondents Nos.3 and 4 were also appointed on the same basis after that on different dates. On qualifying the shorthand and typing test prescribed for the purpose they were appointed on regular basis as Stenotyp1st w.e.f. 16-12-1980. After resolving their seniority dispute the petitioner was placed senior to respondents Nos. 3 and 4. The said respondents were appointed as Stenographers on 17-11-1980 and 27-11-1980 respectively against reserved posts for direct recruitment whereas the appellant was promoted as Stenographer on 1-1-1984. The main question on which their inter se seniority as fixed by the department is contested is that respondent No.3 Muhammad Aslam and respondent No.4 Muhammad Younas Sabir were irregular being against the terms of advertisement and also against the instructions contained in O.M.…

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