Law:

Section:

(a) Civil Servants Act (LXX1 of 1973)-- ----S. 8---Constitution of Pakistan (1973), Art. 212(3)--Office Memorandum No.l/2/75-ARC, dated 27-1-1975, paras, 12(b)(ii) & 12(c)--Seniority--Civil servant claiming seniority from specified date while it was granted to him from subsequent date---Civil servant's appeal before Service Tribunal did not succeed---Validity---Leave to appeal was granted to consider whether Service Tribunal was justified in dismissing appeal by relying on para. 12(b)(ii) of Office Memorandum dated 27-1-19'75, whereas according to civil servant his case was covered by para. 12(c) of the said Memorandum. (b) Civil Servants Act (LXXI of 1973)--- ----S. 8---Seniority---Non-framing of Rules---Effect---Rules to be framed for determining seniority of civil servant---Where no rules were framed, guidance had to be sought from the practice, administrative orders passed in such cases and also from the precedents by which seniority of officers on transfer from another service to service in question, was being determined. Nazir Ahmad Qureshi v. Pakistan and others (PLD 1959 (W.P.) Kar.­92 rel. (c) Civil Servants Act (LXXI of 1973)--- ----S. 8---Office Memorandum No. 1/2/75-ARC, dated 27-1-1975---Office Memorandum No. 8/17/90-OMG-1, dated 28-1-1991---Constitution of Pakistan (1973), Art. 212---Seniority---Appointment by transfer in Office Management Group---Mode for reckoning of seniority---Civil Servants Act, 1973, requires determination of seniority m accordance with the principles laid down by rules framed thereunder---No rules having been framed, however, reliance could be placed on Office Memorandum dated 27-1-1975---According to Office Memorandum dated 28-1-1991, Officers in Pay Scale of 17 or 18 who had joined Federal Secretariat as Section Officers on deputation and were subsequently appointed by transfer as Section Officers in the same scale in Office Management Group were given seniority from the date they joined Federal Secretariat as Section Officers on deputation---Promotion to Grade-18 in the parent department was not to be taken as the cut off date for purposes of determining seniority in the Office Management Group---Civil servant, thus,…

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