Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules; 1973--- ----R. 7---Pakistan Engineering Council Act (V of 1975), S. 2(k)---Seniority--­Determination---Federal Public Service Commission on request of Ministry of Defence initially advertised for recruitment of nine civil servants---While interview for such posts was in progress, Ministry of Defence enlarged number of vacancies to thirty three and requested Federal Public Service Commission to advertise and recommend candidates for such enlarged vacancies---Federal Public Service Commission instead of advertising additional vacancies, advised Ministry of Defence to accept the candidates already interviewed in consequence of earlier advertisement---Out of total number of 33 posts, 26 posts were filled and civil servant was one of them and remaining 7 were recruited later on--­Seniority list was prepared according to merits of all selected civil servants--­Civil servant who was placed in seniority list according to his merit, claimed that he should have been given seniority over 7 civil servants who were lastly recruited---Lastly recruited seven candidates having been recommended from the same merit list out of which 26 candidates were recommended earlier, whose seniority was required to be arranged according to the original order of merit which was order of their seniority also---Civil servants so selected in a single batch would retain their seniority as per order of merit assigned by Federal Public Service Commission irrespective of their date of joining---Seniority list revealed that civil servant according to merit ranked in lower position than ­civil servants who, though were recruited subsequently (but out of same batch) general rule of seniority would operate in case of civil servant and he would reckon his seniority on merit position that he acquired in examination--­Contention of civil servant that he should be declared senior to those who were recommended and appointed later than him, was repelled, in circumstances. 1994 S C M R 1807, read with PLD 1984 Lah. 27 and 1993 SCMR 1800 rel. JUDGMENT ROSHAN ALI MANGI (MEMBER). ---Having been aggrieved by seniority list of M.E.S. (Civilian) Officers…

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