Law:

Section:

Civil Servants Act (LXXI of 1973)--S. 8---Constitution of Pakistan (1973), Art.212(3)---Seniority---Contest between promotees of 1987 and directly recruited probationers of 1985--­Authority in appointment letters of direct recruits had stated that their seniority would not be disturbed and they would rank senior to probationers of competitive examination of 1986---Leave to appeal was granted to consider contention of petitioners whether by virtue of declaring petitioners senior to probationers of 1986 they were entitled to claim seniority against those who joined postal service in 1986 and 1987---Such proposition of law appeared to be of general importance and was likely to affect large number of employees in Government service. Fazal Ellahi Siddiqui, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioners. Hafiz S.A. Rehman, Advocate Supreme Court and M,A. Zaidi, Advocate-on-Record for Caveator/Respondent No. 5 (in C.P. No.388 of 1995). Date of hearing: 18th October, 1995. ORDER SAIDUZZAMAN SIDDIQUI, J.---This order will govern the disposal of abovementioned 3 petitions for leave to appeal which arise out of the same impugned order of the Federal Service Tribunal dated 20-3-1995. The petitioners in the above petitions alongwith several others appeared in the competitive examination held by the Federal Public Service Commission (F.P.S.C.) in the year 1985. Out of the successful candidate 10 probationers of 1985 competitive examination were nominated for service in the Postal Group. However, out of them only 3 probationers joined the postal service while remaining 7 did not join. The F.P.S.C, nominated the petitioners, who were also probationers of 1985, in place of those 7 nominees who were originally nominated for postal service but they did not join, in the year 1987. The offer of appointment issued to the petitioners contained the following conditions:-- ",,.. (vii) Your appointment will take effect from the date of joining the Civil Services Academy, Lahore. However, your seniority will not be disturbed i.e. you will rank senior to the probationers of competitive examination, 1986. " It appears that a dispute arose between the…

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