Law:

Section:

Civil service----Seniority---Civil who was appointed alongwith co-civil servants by same appointment order had claimed that his seniority was to be reckoned on basis of merit position assigned by Selection Committee where he had acquired fourth position in order of merit---Civil servant had failed to produce any document to substantiate his claim whereas co-civil servants had placed on record copy of office order in which they were placed above civil servant--­Earlier a seniority list of civil servants was prepared and circulated calling for objections and in that list name of civil servant was below names of co-civil servants---Civil servant in spite of that neither filed any objections nor made any representation or appeal before Competent Authority---Civil servant who had accepted that position and remained satisfied with his seniority position ten years before, could not claim his seniority over co-civil servants and challenge seniority list after about ten years of its circulation. 1991 SCMR 7632; PLD 1990 SC 672; Abdul Hamid Khan v. Secretary, Establishment Division 1994 PLC (C.S.) 629 and S.H.M. Rizvi and others v. Maqsood Ahmad and others PLD 1981 SC 612 ref. Sabihuddin Ahmed for Appellant. S. Abrar A. Bukhari for Private Respondents Nos. 5,17 and 18. Niaz Ahmed Khan, Standing Counsel for the Government. Date of hearing: 4th July, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---Appellant Mr. Muhammad Shamim Akhtar was appointed as UDC by way of direct recruitment through open competition alongwith other candidates. He was selected alongwith 46 candidates and accordingly the appointment order was issued in favour of the appellant vide letter dated 21-3-1984 and he was to report for duty on or before 6-4-1984. He joined on 26-3-1984. According to him, his seniority vis-a-vis other colleagues was to position assigned by the Selection Committee where position in order of merit. A provisional seniority list was issued of the UDCs working in the Appraisement, Preventive and Export Departments of the Customs House as on June, 1993, wherein the appellant was shown at S.No. 51 and the respondents were placed junior to him. However, objections were invited…

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