Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 212(3)---Seniority---Leave to appeal was granted to consider whether civil servant could count his seniority with effect from the date of his appointment as work-charged overseer in Northern Areas P.W.D. in that, all the posts in various offices under the control of Resident Commissioner for Northern Areas paid out of development budget and existing on 16-10-1973.--­[Civil service]. (b) Civil Servants Act (LXXI of 1973)--S. 2(1)(b)---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R.8(1)(b)--:Constitution of Pakistan (1973), Art.212---Regularising work-charged employee on permanent post--- Essentials---Civil servant serving in Northern Areas---Competent Authority conveying sanction to placing of all posts in various offices under the control of Resident Commissioner for Northern Areas paid out of Development Budget as they existed on permanent footing with effect from that date---Effect---Words "all posts" occurring in letter of sanction need not extend to work-charged posts---Notwithstanding, sanction of Competent Authority, all employees of posts had not ipso facto attained status of "civil servants" within definition of S.2(1)(b), Civil Servants Act, 1973, but further concrete official steps envisaged by provisions of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, would be resorted to, for regularising deputationists, temporary ad hoc, contractual or work-charged employees on permanent posts---Merely because "all posts" had been brought on permanent footing would not turn all categories of incumbents of those posts to be on permanent footing---Sanction of Competent Authority placing all posts on permanent footing had not under the law automatically conferred upon incumbents of all posts status of regular employees---Civil servant being work-charged employee prior to 15-4-1974, was not civil servant in terms of S.2, Civil Servants Act,1973, when he was before such specified date appointed on work-charged basis---Civil servant, thus, could not count his seniority for the period he remained employed on work-charged basis notwithstanding sanction of Competent Authority to bring…

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