Law:

Section:

Civil service-------Seniority---General Principles of Seniority in ESTACVDE, Annex. I, Sec. C'---Seniority Rules, 1993, Rr.4 & 6---Determination of-Civil servant appointed as income-tax Inspector at Karachi was transferred to Lahore on his request and he joined as Income-tax Inspector at Lahore---In seniority list issued by Authority civil servant was placed below the names of those co-civil servants who were not working as Income-tax Inspectors at time of civil servant's transfer to Lahore, but were promoted as Income-tax Inspectors subsequent to transfer of civil servant to Lahore---Claim of seniority of civil servants over promotees was denied by Authority contending that appointment of civil servant by transfer from Karachi to Lahore would amount to his initial appointment and promotees would rank senior to civil servant---Controversy of determination of inter se seniority had finally been resolved by R. 6 of Seniority Rules, 1993, which had provided that persons appointed by transfer in a particular calendar year, would be senior to those appointed by promotion or by initial appointment to such posts in that year---Civil servant after his transfer from Karachi to Lahore could not be considered as initial appointee as he had considerable long period of service at his credit before his transfer and could not be penalized to rank junior to those who were promoted during the year after his joining in new office at Lahore---Civil servant, in circumstances, would reckon his seniority with effect from date he joined his office at Lahore after his transfer from Karachi and co-civil servants who were promoted as Income-tax Inspectors after said date would rank juniors to him. Appellant in person. Muhammad Saeed Akhtar with S.G. Safdar, A.C. as D.R. for Respondent No. 1. Nemo for Private Respondents Nos. 104 to 131. Date of hearing: 15th April, 1996. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant was appointed as Income-tax Inspector in BPS-11 on 26-4-1985 at Karachi. In 1992 he applied for transfer to Lahore. This application was accepted and he joined as Income-tax Inspector at Lahore on 2-5-1992. The provisional seniority list of the Income-tax…

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