Law:

Section:

Civil service-- ---Seniority--Civil servant, a senior-most officer of his cadre declare as 'surplus' and relegated to the lowest position in the seniority list while his junior was promoted to next Grade--Legality--Civil servant having continuously served the department for over ten years, was justifiably aggrieved when he found himself junior to officers of his own grade who were not even in the department at the time he joined it--Authority's order whereby civil servant was placed junior to officers of his own grade, having been made without affording civil servant any opportunity of being heard was in violation of principle of natural justice and could not be sustained--Civil servant was entitled to his original seniority whereby he was placed at the top of the list and was rightly placed in NPS 16--Appeal was allowed with direction to Authority that civil servant was to he treated to be in NPS 16 with effect from the date when he was initially placed in that grade. M. Kashtoonish Khan for Appellant. M. Sadiq Abbasi for Respondents. Date of hearing: 16th June, 1988. OFFICE ORDER With immediate effect and in the interest of Authority's work the following surplus staff of 500 KV two (2) Civil Sub-Divisions Multan is abraded/posted against the vacant positions as under:-- Sr. No. Name Designation Services placed at the disposal of --- ------- --------- ------------ --- ------- --------- ------------ 5. Mr. Mushtaq Ahmed Overseer Chief Engineer GSO Islamabad. --- ------- --------- ------------ --- ------- --------- ------------ This issues with the approval of General Manager (T&Gs). Sd/- (Muhammad Bakhtiar Khan) Deputy Director (Admn.)" In the seniority list of Sub-Engineers (Civil) circulated on 22-5-1984 by the Chief Engineer, GSO, WAPDA, Islamabad the appellant was shown at No. 1 and Mazhar Hayat, respondent No. 3, at No. 2. Later, the Chief Engineer, Islamabad circle promoted the appellant to Grade-16 on 10-2-1986 by which time the appellant had completed ten years' continuous service as Sub-Engineer a condition precedent to such promotion. The order is reproduced hereunder:-- JUDGMENT SALAHUDDIN CHAUDHRI (MEMBER).--The appellant, Mushtaq Ahmed, a WAPDA…

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