Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--Rr. 3(3)& 4---Civil Servants Seniority Rules, 1973, Rr. 3 & 4=--Notification No. S.R.O., 652(1)/87, dated 30-7-1987---Constitution of Pakistan (1973,), Art.212(3)---Surplus staff absorbed in other Department ---Seniority--­Determination---Civil servant appointed as Assistant Chief (B-18) in Ministry of Culture and Tourism, was rendered surplus, but was absorbed as Deputy Controller (B-18) in other Department---Civil servant in seniority list issued by Authority was placed before the opposing civil servant who was not only senior in service to civil servant, but was still working in parent Department---Civil servant had claimed that period from the date of his initial appointment up to the date of his absorption, could be counted to reckon his seniority, but claim of civil servant was rejected by Competent Authority---Appeal against rejection order of Competent Authority, was accepted by Service Tribunal holding that civil servant should be deemed to have carried his seniority from date of his first appointment as Assistant Chief---Validity---Civil servant who was rendered surplus and was absorbed in other Department, had assumed duty in other Department without any protest---Seniority in service, cadre or post, by transfer would take effect from date of regular appointment of civil servant to said service, cadre or post---Civil servant on his appointment by transfer, in circumstances, would rank junior to those who were already serving in permanent capacity in same grade which was in consonance with principles of justice and fairplay because service rights of civil servant, in absence of any rules, could not normally be affected---Civil servant who till date of his absorption continued to be member of his parent service cadre unless transferred and absorbed on account of conscription, his seniority in transferee department had to be reckoned from date of his regular appointment against permanent post---Civil servant had option to refuse and in such eventuality, he would be entitled to seniority reckoned in parent Department---Service Tribunal in allowing appeal filed by civil servant…

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