Law:

Section:

West Pakistan Services of Civil Engineers (B&R) (Class I) Rules, 1967--R. 11(a)---Constitution of Pakistan (1973), Art.212(3)---Seniority inter se of appellant and contesting respondent---Civil servant was promoted as Executive Engineer on 17-11-1973 while respondent having been brought on transfer in the cadre of Executive Engineer on 7-7-1973 was regularized by an order dated 1-12-1976 with effect from 7-7-1973; by another relaxation on 10-2-1980, services of respondent as Executive Engineer were regularized from 10-7-1973 and he was ordered to be placed at the bottom of regular and officiating Executive Engineers as they stood on the date of his appointment---Provisional seniority list showed petitioner to be .junior in the Grade of Superintending Engineers to respondent though both were promoted to that Grade/post on the same dated i.e. 26-2-1981---Civil Servant's appeal before Service Tribunal was dismissed on the ground that on both occasions when orders detrimental to civil servant's rights were passed on 1-12-1976 and 10-2-1980, he did not agitate against those orders, thus, his appeal against seniority of respondent was barred by limitation as also by rule of estoppel ---Validity---Even on assumption that orders in question (whereby respondent was inducted into service as Executive Engineer and his services were regularized from specified date i.e. earlier than the date when civil servant was promoted as Executive Engineer) were not in accordance with law, civil servant though represented against them being aggrieved by them, yet failed to bring the matter before Service Tribunal for their examination and validity---Civil servant having failed to do so, his challenge to seniority list was unsustainable, for those orders, if allowed to remain intact, would justify seniority which had been allocated to him in the provisional and final seniority list---No question of law of public importance having arisen in petition, leave to appeal was refused in circumstances. Chairman, District Screening Committee, Lahore and another v. Sharif Ahmad Hashmi PLD 1976 SC 258 rel. ORDER SHAFIUR RAHMAN, J.---The petitioner, a civil servant, seeks leave to appeal under…

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