Law:

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Civil Servants Act (LXXI of 1973)-------S. 8---ESTACODE, p. 375, para. 3 at Serial No. 75---Seniority---Civil servant's claim to seniority qua respondent was rejected by Departmental Authority as also by Service Tribunal---Validity---Civil servant alleged that he alone had been discriminated in his Department while others had been allowed seniority with retrospective effect---As per practice of Department concerned coupled with instructions contained in ESTACODE, civil servant's case required re-examination by Department so that no discrimination should take place---Department concerned was directed by Supreme Court to re-examine civil servant's case and if other employees in Department whose cases were similar to that of civil servant had been given seniority with retrospective effect, civil servant would also be entitled to the same and his case should not be judged by different yardstick. ESTACODE, p. 375, S.No. 75, para. 3 rel. Fazal Elahi Siddiqui, Advocate Supreme Court and M.A. Zaidi. Advocate-on-Record for Appellant. Respondent No. 4 (absent) in person. Mehr Khan Malik, Advocate-on-Record for Respondents Nos. l to 3. Date of hearing: 1st June, 1998. JUDGMENT SH. RIAZ AHMAD, J.---This appeal through leave of the Court is directed against the judgment and order dated 28-2-1996 delivered by the Federal Service Tribunal, Islamabad, whereby the appeal preferred by the appellant agitating his placement in the seniority list was rejected. 2. The facts in brief giving rise to the institution of this appeal are that on 21-11-1970 the appellant joined Military Engineering Service Department as Steno-typist. In May, 1980, the appellant was selected for secondment (deputation) to Saudi Arabia as Steno-typist. In routine before proceeding abroad on secondment such deputationist is obliged to give an undertaking that he would forego his promotion if he proceeds abroad on deputation. According to the appellant although giving of such undertaking is mandatory but it was only a formality because on return to the country every such deputationist is promoted and is restored to his original seniority by way of pro forma promotion. The appellant proceeded to Saudi Arabia on…

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