Law:

Section:

(a) Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954--R. 12(1)(2)---Constitution of Pakistan (1973), Art. 212(3)---Seniority--­Failure of civil servant to qualify departmental examination---Effect---Leave to appeal to Supreme Court was granted to consider whether the Service Tribunal rightly proceeded to hold that since the civil servant failed to qualify the departmental examination and his promotion having been deferred, he would not be entitled to claim his old seniority as against his colleagues, who had been cleared for promotion after qualifying the departmental examination; and whether deferment of civil servant for promotion could not disturb the inter se seniority of civil servant with other civil servants. (b) Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954--- ----R. 12(1)(2)---Civil Servants Act (LXXI of 1973), S. 8---Seniority---Civil servant had failed to qualify departmental examination on three occasions--­Services of civil servant under the terms and conditions of his appointment, could be terminated but a lenient view was taken and every time, the Departmental Promotion Committee deferred his promotion while others who had qualified the departmental examination were promoted---Validity---Held, civil servant, who was superseded, could not regain his seniority over others who were promoted---Civil servant having been superseded could not claim to be senior to the others for he was not selected for promotion alongwith his batchmates who would become senior to him. Qazi Muhammad Anwar, Senior Advocate Supreme Court and Muhammad Zahoor Qureshi Azad, Advocate-on-Record (absent) for Appellant. Raja Abdul Ghafoor, Advocate-on-Record (absent) for Respondents. Date of hearing: 20th March, 1998. JUDGMENT SH. RIAZ AHMAD, J.---This is an appeal by special leave from the judgment dated 13-11-1993 delivered by the Federal Service Tribunal whereby an appeal preferred by the appellant challenging his placement at a lower number in the seniority list, was dismissed. 2. The facts in brief are that in 1981 the appellant appeared in the competitive examination held by the Federal Public Service Commission and on…

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