Law:

Section:

Civil service--- ----Seniority---Civil servant who was appointed earlier in time, was continuously working as Medical Officer and his appointment was also regularised by Federal Public Service Commission earlier in time---Opposing civil servant who was given seniority over civil servant was appointed on ad hoc basis long after civil servant and he did not appear before Federal Public Service Commission, but he directly approached President of Pakistan and finally got his services regularised with retrospective effect---Opposing civil servant who all along continued as ad hoc appointee, could not get seniority retrospectively over and above civil servant who had been appointed and regularised by Federal Public Service Commission earlier in time---Civil servant was senior to opposing civil servant as opposing civil servant could not have a legitimate right for reckoning his seniority over and above civil servant. Syed Kazim Hussain Kazmi for Appellant. M. Javid Aziz Sandhu, Standing Counsel for the Government. Rao Fazal Khan Akhtar for Respondent No. 4. Date of hearing: 15th August, 1994. d. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN)---Dr. M. Hassan Khan Ammacha is working as District Health Officer in Northern Areas. He has filed this appeal against seniority given to respondent No. 4, Dr. Sher Wali Khan, Assistant Director, Health Services, Northern Areas, Gilgit. 2. The relevant facts are that the appellant joined services in Northern Areas on 8-8-1976 in the Rural Health System. He was inducted into regular service on the recommendation of Federal Public Service Commission on 6-2-1982. A tentative seniority list of BPS-18 Officers was issued on 12th August, 1992 by the competent Authority wherein the appellant was shown at S. No. 2. He filed objections and finally made a representation which was rejected by respondent No. 1, Secretary, KANA Division, vide order dated 17-11-1993. Being aggrieved, he filed Appeal No. 222(R) of 1993 in this Tribunal. The same was disposed of on 23-11-1993 whereby the appellant was directed to approach the departmental authority by way of proper appeal which he preferred on 18-12-1993 and has not been responded. He thereafter…

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