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Civil service Constitution of Pakistan (1973), Art. 212(3) Civil servant belonging to cadre of Civil Engineers was promoted to Grade 19 before respondent who belonged to cadre of E & M E in the same department In seniority list however, respondent was placed senior to civil servant Civil servant and respondent both were promoted to Grade 20, on the same date Civil servant's appeals against promotion of respondent and against seniority list wherein he was showed junior to respondent were dismissed Validity -Petitioner's contention was that Service Tribunal had misdirected itself in holding that question raised involved fitness of a person to be promoted to higher post and, therefore, such matter was outside its jurisdiction Civil servant on question of limitation relating to seniority maintained that he having preferred departmental appeal within time was within his rights to await its disposal before approaching Service Tribunal and long time taken by departmental Authority in deciding his appeal could not be pressed against him for purpose of limitation Civil servant claimed that he was within his rights to appeal against original order or appellate order of departmental Authority ¬Civil Servant on merits claimed that he was selected for promotion and was in fact promoted in Grade 19 before respondent and was entitled to be placed senior to respondent moreso for the reason that seniority of Civil and E & M E. Engineers up to the level of Superintending Engineers (Grade 19) was to be kept/maintained separately Leave to appeal was granted to consider questions raised by Civil Servant. 1991 SCMR 1674 ref. JUDGMENT ZIA MAHMOOD MIRZA, J. This order will govern CP 272 of 1994 and the connected petition CP 273 of 1994 as in both the petitions, parties are the same and the grievance agitated therein is also inter connected. 2. Facts forming the background of the dispute between the petitioner Ch. Abdul Rashid and respondent No. 3, Mr. Muhammad Riaz both civil servants are as follows: Petitioner joined Pak P.W.D. as Assistant Engineer (Civil) on 27 4 1960 while respondent No. 3 joined as Assistant Engineer (E & M) on 16 11 1963. The respondent was, however,…

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