Law:

Section:

(a) Civil service-------Seniority---Determination---Principle of res-judicata---Applicability--­Matter of seniority between civil servant and opposing civil servant had attained finality in revision earlier filed by civil servant in which High Court had dismissed plea of opposing civil servant regarding his seniority over civil servant --Matter of seniority having been decided by competent Court and that decision having attained finality, could not be reopened in any subsequent proceedings at any forum which stood barred under principle of res judicata. 1972 PLC 208; 1983 PLC (C. S.) 200; 1985 PLC (C. S.) .631; 1985 PLC (C.S.) 694; 1989 SCMR 441 and PLD 1992 SC 207 ref. (b) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Sindh Service Tribunals (Procedure) Rules, 1974, R. 26--Appeal--­Bench of two Members of Service Tribunal earlier constituted having differed with each other, Full Bench consisting of three members was constituted and appeal was heard afresh by such Bench---Third Member of newly-constituted Bench, after taking into consideration relevant documents on record, had recorded his findings to which Chairman of Bench fully agreed---Appeal was allowed on basis of majority view. Per S. Nasim Haider (Senior Member) agreeing with Abdul Majid Khanzada, Chairman, Bahauddin Sirhindi Member, Contra-- (c) Interpretation of statutes--- ---- No rule would be applied with retrospective effect, unless so specifically stated in the body of enactment itself. (d) Res judicata--- ----Basic ingredients---Basic ingredients of res judicata are: Subject-matter should be the same; parties should have been same; and matter should have attained finality and must have been disposed of by the Competent Authority. PLD 1964 SC 520 ref. (e) Civil service--- ----Seniority---Determination of---Civil servant and opposing civil servant who joined service as Assistants, later on, were promoted as Awarding Officers--Civil servant in an earlier Seniority List was shown senior to c­ivil servant, which position was challenged by co-civil servant ---Co-civil servant who joined service as Assistant prior in time to civil servant, was placed at Serial No.l in revised seniority list…

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