Law:

Section:

Per Syed Ally Madad Shah, Chairman; Rana Rifat Saeed Member, Contra---- (a) Civil service--- ----Seniority---Dispute over &f seniority between directly recruited Section Officers and promotee Section Officers---Competent Authority approved regularisation of acting charge Section Officers with retrospective effect--­ Validity---Had equitable considerations been given to the prospects of promotions of direct recruits, retrospective operation to the regularisation of acting charge Section Officers would not have been circumvented---Prospects of promotees for promotion to BS-18 were given precedence over the prospects of promotion of direct recruits by regularisation of acting charge Section Officers with retrospective effect which was not justified and their regularisation could be effective only from the date of notification--­ Regularisation of acting charge Section Officers vide Notification dated 7-7-1990, could not be made effective from 31-12-1989---Words "with effect from 31-12-1989", in the opening paragraph of notification would thus, stand deleted. Per Rana Rifat Saeed, Member, Contra.--- Per Syed Ally Madad Shah, Chairman; Rana Rifat Saeed Member, Contra--- (b) Service Tribunals Act (LXX of 1973)--- ----S.4(1)(a)---Appeals---Competency---Limitation---Civil servants had filed appeals after making departmental representations/appeals and same were not barred under S.4(1)(a), Service Tribunals Act, 1973---Appeals were directed against the Notification dated 7-7-1990 which was published in official Gazette on 9-9-1990---Departmental representations/appeals having been filed in July/August, 1990, appeals before Service Tribunal filed in December, 1990, were within stautory period of 120 days and thus within limitation. Per Rana Rifat Saeed, Member, Contra--- (c) Service Tribunals Act (LXX of 1973)--- ----S.3-A(2)(c)---Two members of the Service Tribunal rendering contradictory decisions---Decision of the Tribunal would be in terms of decision recorded by the Chairman of the Tribunal whereby appeals were allowed to the extent that the regularisation of acting charge Section Officers vide Notification dated 7-7-1990, could not be made effective from…

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