Law:

Section:

Civil service--Seniority---Inter se seniority of parties--Service Tribunal in earlier proceedings had settled question of seniority in favour of respondents against which civil servant had failed to appeal---Judgment of Service Tribunal in earlier proceedings has thus attained finality inter se seniority of parties---Any subsequent seniority list in conformity with the earlier one could neither be challenged through departmental representation nor in appeal before Service Tribunal---Respondents would thus, retain inter as seniority against civil servant (appellant) in circumstances. Chairman, P.IA.C. and others v. Nasim Malik PLD 1990 SC 951 fol. JUDGMENT FAZAL ILAHI KHAN, J.---These Civil Appeals Nos. 357 of 1992 to 360 of 1992 by leave of the Court are directed against the judgment of the N.-W.F.P. Service Tribunal, Peshawar; dated 1-3-1992; whereby, the appellants' appeals challenging notification dated 30-7-1989 wherein respondents Nos.4 and 5 had been shown senior to them, were dismissed. Facts of the case giving rise to CA. 375/92 with leave of the Court briefly stated, are that the appellants after having passed their B.Sc. Honour in agriculture joined service as Research Assistant in the Research Wing of Agriculture Department on 28-5-1973. Their appointment was initially on ad hoc basis but subsequently on their selection by the Public Service Commission their services were regularised on 5-8-1976. Respondents Nos. 4 and 5 joined service as Research Assistant on ad hoc basis on 19-6-1974 and 1-2-1976, ,respectively, i.e. much after the appellants' appointment on ad hoc basis as stated above. Respondents Nos.4 and 5 could not clear the N.-W.F.P. Public Service Commission Examination despite repeated attempts; therefore, their services were terminated vide Notification No.SOG (E) AD-11 (2)/78/VII dated 29-9-1980. Respondents Nos.4 and 5 and several others aggrieved by the said notification challenged the same through Writ Petition (No. 640 of 1980) in the Peshawar High Court. The learned High Court vide judgment dated 22-9-1981 accepted the Writ Petition and declared the order/notification of termination of the services of the writ petitioner in Scale…

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