Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------R. 3(3)---Civil Servants Seniority Rules, 1993, R.4---Service Tribunals Act (LXX of 1973), S. 4---Seniority---Absorption of civil servants in other Department on their becoming surplus---Counting previous service towards seniority---Civil servants who were appointed as regular stenographers in their respective departments were declared surplus as a result of economy cut from their respective departments and were absorbed in other Department­--Civil servants were assigned seniority from date of joining said other Department and their previous service in parent departments was not counted towards their seniority---Validity---Seniority would be counted from date of regular appointment---Civil servants could, thus, not legally be deprived of their right or for that matter continuous past service rendered in parent Departments which stood abolished or downsized without any fault of civil servants, especially when there was no break in their services up to date of their absorption in other Department---Service Tribunal directed that civil servants could be given suitable place in seniority list from date of their regular appointment in their previous Departments. PLD 1991 SC 514 ref. Raja Muhammad Asghar Khan for Appellants. M. Aslam Uns, Standing Counsel along with Mahmood Hassan, Second Secretary, C.B.R. and Pir Muhammad Ishaq, D.A.S., Law Division for Respondents. Private Respondent No.24 in person (in Appeal No. 1146(R) of 1998). JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER). ---Since both these Appeals bearing Nos.1145(R) and 1146(R) of 1998 involve similar and identical issue, we therefore, propose to dispose them of by - this consolidated judgment. 2. The brief facts of the case are that appellant Mehtab Rasheed Rana was appointed as regular stenographer in the Ministry of Culture and Supports w.e.f. 9-10-1989 whereas the appellant S.H. Qamar Rizi, was appointed as regular stenographer in the Ministry of Women Development w.e.f. 10-2-1990. Both of them were declared surplus as a result of economy cut from their respective departments and they joined the C B.R. on 25-11-1993 and 5-10-1993…

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