Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 212(3)---Leave to appeal was granted to consider whether rule of locus poenitentiae was applicable to case of respondent in the facts and circumstances of the matter and whether upgradation of post with retrospective effect and similarly up-gradation of respondent retrospectively could be made in the facts and circumstances of the case. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Orders of specified dates withdrawing grant of four and two advance increments respectively to respondent---Such orders were passed without hearing respondent and thus, orders in question, being detrimental to respondent, violated principles of natural justice and same could not have been sustained on merits---No exception could be taken to the order of Service Tribunal whereby such orders were set aside. (c) Civil service--- ----Seniority---Inter se seniority between appellant and respondent would be examined by Authority---Impugned orders of seniority having been found to be not sustainable on account of violation of principles of natural justice, Authority .would have option to re-open question of seniority in accordance with law. JUDGMENT AJMAL MIAN, J.---By this common judgment, we intend to dispose of the above four appeals which are with the leave of this Court and are directed against a common judgment dated 12-5-1992 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeals Nos. 462(R)/1990 and 478(R)/1990 filed by Dr. Muhammad Zaman against the orders dated 25-1-1990, 13-6-1990, 27-6-1990, 13-8-1990 and 12-2-1989 appointing Dr. Muhammad Ashraf as Physician (Pulmonology), allowing the same in the following terms:-- "(1) Appeal No. 462(R)/90 which, after the filing of Appeal No. 478(R)/90, relates to the orders dated 13-8-1990 and 12-2-1989, is allowed in respect of the order dated 13-8-1990, where under the orders dated 3-10-1988 and 4-10-1988 of up-gradation of the appellant as Physician (Pulmonol6gy), BPS-19, was cancelled and the impugned order dated 13-8-1990 is set aside with the direction that the appellant shall be deemed to have continued as Physician (Pulmonology), BPS-19,…

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