Law:

Section:

Civil Service---- ----Seniority---Entitlement--Civil servant joined Federal Public Service­ Commission earlier in time as Assistant by way of mutual transfer from Department of Supplies in place of other civil servant---Civil servant was informed that in case his request for mutual transfer was accepted, his seniority as Assistant would count from date of joining Federal Public Service Commission which condition civil servant accepted---After about four year from transfer of civil servant a seniority list was issued wherein he was show: senior to co-civil servants who joined Federal Public Service Commission after the civil servant and co-civil servants had not challenged that seniority list Final seniority list was issued after about six years from previous list, in which civil servant was shown junior to co-civil servants despite the fact that they were junior to civil servant in length of service---Civil servant enjoyed seniority over and above co-civil servants right from the beginning and earlier seniority list in which he was shown senior to them was not challenged by co-civil servants Vested right, thus had been created in favour of civil servant which had been snatched from him without giving him notice or hearing in person ---Civil servant, in circumstances, could not be relegated in seniority irrespective o merits and even on principle of locus poenitentiae. Muhammad Nawaz v. Federation of Pakistan and others 1992 SCW. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).----Appellant, Mr. Muhammad Muazzam Mirza, is working as Assistant in the Federal Pub! Service Commission (FPSC), Islamabad. He has filed-this appeal against the final seniority list of Assistants (B-11) circulated vide letter dated 2-8-1994. 2. The relevant facts in the background of this appeal are that the appellant joined FPSC as Assistant on 17-7-1984 by way of mutual transfer from the Department of Supplies, Karachi in place of Mr. Muhammad Riaz, Assistant FPSC. The FPSC by letter dated 5-2-1984 informed the Assistant Director Department of Supplies, Karachi, where the appellant was serving, that in cap the request of the appellant for mutual transfer is accepted, his seniority; Assistant…

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