Law:

Section:

Service Tribunal Act (LXX of 1973)-------S. 4---Appeal---Maintainability---Civil servant had earlier filed appeal before Tribunal wherein more or less same relief was prayed (which was sought in the fresh appeal) which was partly allowed by Tribunal and matter of civil servant with regard to arrears and fixation of seniority which was raised in the fresh appeal had finally been decided by Tribunal in the earlier appeal--­Earlier decision of Tribunal has attained finality even up to Supreme Court--­Fresh appeal for same cause of action was incompetent being hit by principle of res judicata as civil servant had sought relief by filing earlier appeal for said cause of action---Appeal, which otherwise was barred by time and filed without joining necessary parties, was not maintainable, in circumstances. Muhammad lqbal Rafi and others v. Province of Punjab and others 1986 SCMR 680 and Zafar Hussain v. Government of Pakistan, through Secretary, Ministry of Law and Justice 1993 SCMR 2340 ref. (b) Ex-Employees of the Former Government of East Pakistan (Appointment to Federal Posts) Ordinance (XI of 1983)--- ----Ss. 3 & 4---Seniority---Civil servant who joined service under former East Pakistan, now Bengla Desh, in 1966, was declared as Gazetted Class-I Officer in 1969.But after fall of Dacca he came in Pakistan in 1974 and joined service in non-Gazetted position in Pakistan Atomic Energy Commission---Civil servant had claimed that his Class-I service rendered in former East Pakistan from 1969 was to be counted for determining his seniority---Civil servant only served in former East Pakistan in Class-I service from 19169 to 1971---On migration to Pakistan, civil servant was appointed against a non-gazetted post in Pakistan Atomic Energy Commission where he served from 1974 to 1986 and that period could not be counted for purpose of seniority as it was non-­gazetted service and moreover service under Pakistan Atomic Energy commission was a Semi-Government service and could not be reckoned towards service under Federal Government. Appellant in person. Niaz Ahmed Khan, Standing Counsel for Respondents. Date of hearing: 26th May, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM…

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