Law:

Section:

Civil Servants Act (LXXI of 1973)--- ----S. 18---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan (1973), Art. 212(3)---Seniority---Civil servant's earlier appeal before Service Tribunal and Supreme Court were dismissed on question of his seniority---Civil servant's .review petition before Supreme Court also met with failure--Civil servant again approaching Service Tribunal under S. 12(2), C.P.C. for setting aside its earlier /order relating to his seniority on the basis of alleged fraud but to no effect---Validity---Decision of Service Tribunal and Supreme Court in earlier proceedings proceeded on basis of order of Central Selection Board refusing to clear him for promotion in Grade-19---Thus was found no error in the order of Service Tribunal or of Supreme Court justifying initiation of subsequent proceedings by civil servant seeking review of earlier orders of Service Tribunal under S. 12(2), C.P.C.---No exception could, thus, be taken to the impugned order passed by Service, Tribunal---Dismissal of fresh petition would not come in the way of civil servant if he was otherwise entitled to any relief at the departmental level under law---Leave to appeal was refused in circumstances. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of , Federal Service Tribunal dated 8-11-1995 whereby his Service Appeal No. 411 (R) of 1995 was dismissed in limine. The petitioner after qualifying C.S.S. Examination in 1969 was posted in the Police Department in 1970. While serving in the Police Department he was suspended in 1982 but subsequently he was re-instated in service with full back benefits vide Notification dated 2-11-1983. During the period, the petitioner was under suspension, some of his juniors were promoted to Grade-19. The Selection Committee considered the case of petitioner for promotion to Grade-19 on I1-12-1983, but did not clear him. The Selection Committee again took up the case of petitioner for consideration on 2-1-1985 but it was deferred. However, on 10-9-1985, the Selection ~ Committee recommended the case of petitioner for promotion and he was accordingly, promoted to Grade-19 on…

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