Law:

Section:

Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975-- ---Rr. 10 & 13--Sind Civil Servants Act (XIV of 1973), S. 8--Seniority--Reckoning of--Seniority is to be reckoned from the date of regular appointment--Only those civil servants who were selected for promotion to higher grade in one batch, would retain their inter se seniority of the lower grade--Where a civil servant was not promoted on his turn on the ground specified in R. 13 of Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, he, on his subsequent promotion would be deemed to have been promoted in the same batch as his juniors--Provisions of S. 8(4) of Sind Civil Servants Act, 1973, bar the possibility of giving retrospective effect to regular appointment and R. 10(2) of Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975 is also to the same effect--Since appellant civil servant's promotion was regularized on specified date, his seniority would be reckoned from that date. Appellants in person. Imdad Hussain Qazi for the State, Date of hearing: 13th September, 1988:- JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--By this judgment we propose to dispose two appeals: Appeal No. 21 of 1987 filed by Shaikh Zaffar lqbal and Appeal No. 22 of 1987 filed by Abdul Latif Baloch. In both the appeals, the seniority list of Excise and Taxation Officers (Grade-17) issued on 10th March, 1984 has been called in question. The appellants have claimed to be senior to the private respondents mentioned in their respective memos of appeal and therefore have prayed for correcting the said seniority list accordingly. The case of appellant Zaffar Iqbal, as disclosed in his memo of appeal, is that he was promoted as Excise and Taxation Officer (Grade-16) on 17-10-­1970, while he was working in that capacity, he was compulsorily retired under M.L.R.-114 on 13-12-1972. Consequent upon acceptance of his review petition under M.L.O. 23 he was reinstated in service vide Sind Government's Notification No. SO(S&GAD)RB/1978 dated 7th June, 1978. Subsequently, the intervening period of his break in service between date of his compulsory retirement and date of his reinstatement…

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