Law:

Section:

Punjab Civil Servants Act (VI11 of 1974)-------S. 9---Constitution of Pakistan (1973), Art.212(3)---Seniority---Repatriation of civil servant from Province of posting to parent Province on dissolution of one unit---Seniority of repatriated civil servant---Such question of Punjab domiciled officials repatriated from other Provinces was decided by Government vide policy letter dated 23rd November, 1974 , which laid down that seniority of officials who were initially recruited in other Provinces and were repatriated to Punjab should be fixed with reference to the date of continuous officiation in a particular grade---Civil servant succeeded in establishing his such seniority against two rival civil servants (defendants)---Petitioner who had not been impleaded in that litigation claimed that he being not a party before Service Tribunal would be prejudiced by the decision of Service Tribunal assigning seniority to civil servant---Validity---Question of seniority had already been settled by the policy letter of Punjab Government, dated 23rd November, 1974---On the fact admitted and found by Service Tribunal, its would not have been different even in presence of petitioner in view of policy decision of Punjab Government---No material was placed on record by petitioner in support of his plea that civil servant had been repatriated at his own request and therefore, he could take benefit of policy decision of Punjab Government ---Petitioner had not made any averment in that respect even in his petition for leave to appeal---Leave to appeal was refused in circumstances. JUDGMENT ZIA MAHMOOD MIRZA, J.--- Petitioner seeks leave to appeal against the judgment of the Punjab Service Tribunal dated 6-11-1993 whereby the learned Tribunal accepting the appeal filed by Abdul Rashid respondent No. l held that he was senior to Muhammad Akram and Abdul Rahim respondents Nos.3 and 4 herein and "was entitled to be promoted to BPS 14/16, from the date the senior most of them was promoted" 2. Facts relevant for the disposal of this petition, briefly stated, are that Abdur Rashid respondent was initially appointed as a Vaccinator on 24-8-1960 and later as Sanitary Inspector w.e.f.…

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