Law:

Section:

(a) Civil service--- ----Seniority list---Omission of civil servant's name from the list in question--­Effect---Seniority list not adversely affecting civil servant's seniority could not be assailed on ground of mere omission, of civil servant's name from said list. (b) Civil service--- ---- Promotion by competent Authority on recommendation of Departmental Promotion Committee would be on regular basis as distinguished from ad hog basis ---Promotees would be entitled to count their seniority in cadre from respective dates of their promotion. (c) Sindh Service Tribunals Act (XV of 1975)--- ----S. 4---Seniority list---Appeal---Competency---Appeal against seniority list not adversely affecting civil servant would not be maintainable. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---Aggrieved by the seniority list of Assistant Excise and Taxation Officers issued on 24-9-1989, Mr. Noor Nabi Pathan, presently working as Excise and Taxation Officer has filed the present appeal. The facts leading to this appeal may be summarised as follows. On his promotion as Excise and Taxation Inspector, the appellant entered the cadre of Excise and Taxation Inspectors with effect from 15-5-1971. The five private respondents whose names appear in the memo of appeal having been inducted in the said cadre on later dates, were shown junior to the appellant in the seniority list issued on 21-3-1983. Following his conviction by Summary Military Court during the last Martial Law, the appellant went out of service. Subsequently on being pardoned, he was reinstated in service as Assistant Excise and Taxation Officer (previously called the Excise and Taxation Inspector) on 16-4-1985. As claimed in the memo of appeal, the Chief Secretary vide his order dated 17-5-1969 allowed the appellant continuity in service in the cadre of Excise and Taxation Inspectors. However, during his absence from service, the private respondents were promoted to the rank of Excise and Taxation Officers. Despite that their names appeared below the appellant's name in the seniority list of Excise and Taxation Inspectors/Assistant Excise and Taxation Officers, made public on 18th September, 1986. It was however noted against…

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