Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 212 (3)---ESTACODE, 1983, Annex. I, CL (c) (General Principles of Seniority) to instruction at Serial Nos. 158 & 195---Leave to appeal was granted to consider whether rationally and logically, CL (c) of Annex. I to instructions at Serial No. 158 of ESTACODE, 1983 could be given effect to only, if the instructions at Serial No. 195 of ESTACODE had been faithfully observed and not, as in the case, where they had been manifestly violated to lead to a patently unjust and un-equitable result; and whether the promotion of employee made in violation of the Instruction at Serial No. 195, ESTACODE, having the force of the Rule could be held to be regular for matching seniority with the petitioner. (c) Civil service----- ---Promotion---Validity---Promotions as per General Principles of Seniority (ESTACODE, 1983, Serial No. 195), should be first filled in before filling in quota of direct recruitment---Such principal, however, would not vitiate promotion of employee as she could not be punished for any alleged lapse on the part of department concerned. (c) Civil service--- --Seniority---Officers promoted to a higher grade in a continuous arrangement and as a regular measure in a particular year would as a class be senior to those appointed by direct recruitment in the same year---Where, however, one of the employees instead of waiting for his turn for promotion, opted to apply against quota of direct recruitment and was selected and afterwards the other employee was promoted, promotee would be senior to the employee who was appointed against direct quota. JUDGMENT AJMAL MIAN, J---This is an appeal, with the leave of this Court, against the judgment dated 10-5-1990, passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal', in Appeal No. 45 (K) of 1986 filed by the appellant against the grant of seniority to respondent No.4, dismissing the same. 2. Leave to appeal was granted to consider the following questions: "(i) Whether rationally and logically, clause 'C' of Annexure I (General Principles of Seniority) to instruction at serial No. 158 (Page 152 at 154 of ESTACODE, 1983), can be given…

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