Law:

Section:

Civil Service Constitution of Pakistan (1973), Art. 212(3) Civil Servant Seniority ¬Civil servant joining service as direct recruit through Public Service Commission Respondents were promoted on regular basis much earlier to the appointment of Civil servant In gradation list issued by the Department petitioner was shown junior to respondents Such list was, however, rectified by the Order of Chief Secretary after protracted proceedings Service Tribunal, however, restored the original gradation list whereby petitioner was shown junior to respondents Validity Documents on record prima facie supported civil servant's contention that respondents were promoted against quota reserved for direct recruits Civil Servant claimed that promotion of a Departmental candidate in the vacancy of a direct recruit would be deemed to be ad hoc appointment Contention raised by civil servant being a question of law of public importance, leave to appeal was granted to consider whether promotion of respondents on regular basis violated the rule laid by Supreme Court in the case reported as 1985 SCMR 386. Federation of Pakistan v. Azam Ali and others 1985 SCMR 386 rel. ORDER SAIDUZZAMAN SIDDIQUI, J. The petitioner has sought leave to appeal against the judgment of Sindh Service Tribunal dated 14 9 1994. By the impugned judgment the service appeals of respondents Nos. 4 and 5 were allowed and they were declared senior to the petitioner. 2. The admitted position of the case is that the petitioner who is a direct recruit through the Public Service Commission was appointed as Assistant Registrar Cooperative Societies on 14 5 1981. The respondents Nos. 4 and 5 were promoted on regular basis as Assistant Registrar Cooperative Societies much earlier to the appointment of the petitioner. In the gradation list issued by the department the petitioner was shown junior to respondents Nos. 4 and 5 whereupon he made departmental representation which after protracted proceedings was finally accepted by the Chief Secretary, Government of Sindh and he was declared senior to Respondents Nos. 4 and 5 in service on. the ground that at the time when respondents Nos. 4 and 5 were promoted as Assistant…

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