Law:

Section:

Civil service-------Seniority---Appointments of civil servants on regular basis were made earlier to appointment of opposing civil servant---Opposing civil servant who was junior to civil servants could not claim seniority over such civil servants. Appellant in person (in Appeal No. 731-R of 1997). Aminur Rehman Khan for Private Respondent No.4 (in Appeal No. 731-R of 1997). Raja Muhammad Asghar Khan for Appellant (in Appeal No. 732-R of 1997). Aminur Rehman Khan for Private Respondent No.4 (in Appeal No.732-R of 1997). Mahboob Alam, Section Officer, Establishment Division and Omer Moin Chaudhry, Deputy Director (Adorn.) on behalf of Official Respondents (in both Appeals). Date of hearing: 10th December, 1997. JUDGMENT ROSHAN ALI MANGI (MEMBER).---The facts and law involved in these appeals are identical, we, therefore, propose to dispose of them by this single order. 2. Both the appellants M/s Abdul Khaliq and Dr. Irshad M. Pirzada, being aggrieved by the seniority circulated vide letter dated 11-6-1997 whereby their seniority was disturbed and their junior respondent No.4 was shown senior to them. They, therefore, preferred departmental appeals to which no response has been made so far. Hence these Appeals i.e. Nos. 731(R) of 1997 and 732(R) of 1997 respectively. 3. The background of the case is that the National Tariff Commission, hereinafter referred to as N.T.C. advertised 7 posts of Deputy Directors (B-19) later on designated as Directors, to work in different fields. The Selection Committee interviewed the candidates and recommended the following on the basis of merits-- NAME POST MERIT RECOMMENDATIONS 1.Mr. Muhammad Abdul Khaliq Dy. Director 75/100 Six advance incre­ments (Cost) recommended. 2. Mr. Abdul Khaliq Dy. Director 50/100 (Cost) (Appellant) 3. Mr.M. Abbas Dy. Director 72/100 Relaxation in Raza (Adorn) experience plus six (respondent ) advance increments No.4) recommended. 4. Mr. Zulfiqar A. Dy. Director 73/100 Relaxation in Khalik (Chemical) experience recom­mended 5. Mr. A Sattar Dy. Director 57/100 Relaxation in Chandio (Engg) experience recommended 4. These recommendations were submitted to the Minister for Commerce for approval, although,…

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