Law:

Section:

Civil Servants Act (LXXI of 1973)--Ss.8. 2(b) & 23---Seniority---"Civil servant"---Definition---Person on deputation and employed on contract was excluded from the purview of definition of "civil servant"---Appellant joined the Intelligence Bureau on 1-7-1978 on deputation from the Ministry of Defence initially for a period of two years and deputation period was extended from time to time until he retired from the Army Service on 15-2-1983 and was absorbed as Assistant Director with effect from the date of his retirement---Rules framed under the authority of Civil Servants Act, 1973 provided that a deputationist with three years approved service, could permanently be absorbed. but there was no provision for regular induction of a person serving on contract and that too, by adversely affecting the rights of the other civil servants---Induction Policy also expressly ordained that the re-employed officer on contract will not have any seniority and will not be placed on the regular gradation list---Held, appellant could claim seniority from the date of his regular induction in the Intelligence Bureau i.e. w.e.f. 15-2-1983 and the respondent who had joined the said Bureau on 25-10-1974 through Public Service Commission and was promoted as Assistant Director w.e.f. 15-4-1982 was thus senior to the appellant Muhammad lqbal Khokhar v. Government of the Punjab PLD 1991 SC 35 ref. JUDGMENT MUHAMMAD AFZAL LONE, J.---These two` appeals by leave to appeal, one filed by Major (Recd.) Muhammad Matlub Khan (CA.258 of 1991) and the other by Federation of Pakistan and others (C.A.259 of 1991), arc directed against the acceptance of appeal of Muhammad Jamil Khan, respondent, by the Federal Service Tribunal vide its judgment, dated 16-6-1991. 2. The facts, as stated in the (cave grant order with the modification that he word `petitioner' is substituted by the "appellant", arc reproduced below:--- "Major (Retd.) Muhammad Matlub Khan, and Federation of Pakistan, both, being aggrieved by the same judgment, have filed these two separate petitions. However, Muhammad Jamil Khan has not sought leave to appeal from the judgment, whereby he was denied the relief of setting aside the…

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