Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 212(3)---Seniority---Departmental appeal filed by Civil Servant was dismissed on 17-1-1994, whereby Authority refused to grant seniority to him as per his claim---Civil servant's appeal filed on 15-2-1994 was dismissed as time­barred---Leave to appeal was granted to consider civil servant's contention that Departmental Authority having not rejected civil servant's Departmental Appeal on ground of limitation, Service Tribunal was in error in dismissing his appeal as time-barred for the reason that respondents (civil servants) against whom civil servant was seeking relief had been promoted in the years 1989 and 1990, long before civil servant had filed his Departmental appeal. Shah Abdur Rashid, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 14th December, 1994. ORDER ZIA MAHMOOD MIRZA, J.---This will also dispose of two other connected petitions viz. C.P. 321/94 and C.P. 322/94 as the same judgment of the Federal Service Tribunal forms the subject-matter of all these petitions. 2. Facts giving rise to these petitions briefly are that the petitioner Muhammad Iqbal who was serving as Assistant in the Interior Division, Government of Pakistan since the year 1981 was transferred to the Narcotics Control Division on 10-3-1991. Case of the petitioner is that after he took over in the Narcotics Control Division, question of seniority came up for consideration and the Establishment Division advised that as the transfer of the officials has been made in public interest, alongwith work and post, they will retain seniority in their new office from the date of their regular appointment in the Ministry of Interior. Petitioner is then stated to have made a representation to the competent authority on 8-6-1991 claiming that he was second in seniority amongst the Assistants in the Narcotics Control Division and was entitled to be promoted as Superintendent (BPS-16) in preference to those holding, the said post. It was alleged by the petitioner that despite many reminders, the authorities took no action and the petitioner, therefore, made a request to the…

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