Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 8---Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981), S. 8---Constitution of Pakistan (1973), Art. 212(3)---Seniority---Fixation of seniority in accordance with S. 8, Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance, 1981---Service Tribunal dismissed civil servant's appeal holding that in matter of seniority, besides dates of appointment in BS-17, dates of appointment made in BS-16 were also relevant, and that incumbents in BS-16 on promotion to BS-17, would stand senior notwithstanding that date of appointment in BS-17 was the same--­Validity---Leave to appeal was granted to consider, whether seniority in BS-16 in civil servant's department was irrelevant for promotion of incumbents appointed in BS-17 as Federal Government servants, whether they were entitled to count seniority from date of their induction in BS-17 and whether in case of their appointment on same date older in age on date of appointment in BS-17 should rank senior to those who were younger in age. Federation of Pakistan v. Riaz Ahmad Baig 1984 SCMR 759 and Miss Sarfaraz Khurshid and another v. The Secretary, Population Welfare Division and others 1993 SCMR 1216 ref. Petitioner in person Nemo for Respondents. Date of hearing: 13th September, 1995. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This is a petition for special leave to appeal from the judgment of the Federal Service Tribunal dated 25-7-1995 dismissing the appeal of the petitioner wherein he had claimed seniority in the Population Planning Division in the Federal Government. 2. The petitioner started his career as an employee of the Punjab Family Planning Board. On 30-12-1976 the Government of Pakistan decided to federalise the Population Planning Programme under the direct administration of the Federal Government and governmentalised the services of the Population Planning Personnel. The petitioner, like many others, in the Programme was offered appointment in BPS-17, which he had accepted. Consequently, the Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (No. XIV…

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