Law:

Section:

Civil Servants Act (LXXI or 1973)--- ----S. 8---General Principles of Seniority, 1989, para. A(i)---Seniority--Determination---Civil servants whose seniority was relegated despite they were recommended and assigned merits by Federal Public Service Commission earlier than co-civil servants and who also assumed charge of the respective posts on regular basis earlier than co-civil servants, had challenged order of relegating their seniority alleging that the order was illegal, unjustified and against principles of natural justice---Civil servants though were recommended and assigned merit by Public Service Commission and also were appointed earlier than co-civil servants had applied for posts through advertisement subsequently issued by the Commission whereas co-civil servant had applied through advertisement issued earlier by the Commission---Candidates who applied in response to such advertisements, were interviewed by the Commission at different stations and selections were also made at different stations and that process took sufficiently long time---Cases of civil servants who applied in response to subsequent advertisement, were finalised earlier whereas cases of co-civil servants who applied in response to earlier advertisement, were finalised later for no fault on their part---Civil servant's joining earlier than co-civil servants, was immaterial as seniority on initial appointment by way of selection through Commission was not reckoned from date of joining, but would be determined through earlier open advertisement as provided in para. A(i) of General Principles of Seniority, 1989---Authority had rightly determined seniority of co-civil servants over civil servants on the advice of the Commission. Riazul Hasan for Appellants. Hafiz Tariq Naseem, Standing Counsel for Respondents. Date of hearing: 28th July, 1994. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER).---Appellant Habibullah Nasir, has filed Appeal 152(L)/1994 and appellant Habib Ghani, has filed Appeal No.159(L)/1994. As both the appeals are identical, these are disposed of by this consolidated judgment. 2. Appellants in the abovementioned appeals, have challenged the validity of seniority list dated…

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