Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-----S. 8---Service Tribunals Act (LXX of 1973), S. 4---Seniority--­Limitation---Claim of civil servant for seniority had finally been decided and rejected by Competent Authority in December, 1993---Civil servant filed his appeal before Service Tribunal on 31-3-1997, i.e. many years after expiry of period of 30 days provided for such appeal---Civil servant's appeal was, thus, barred by limitation. 1981 SCMR 531; PLD 1997 Lah. 1; 1978 SCMR 428; 1991 PLC (C. S.) 1195; 1993 PLC (C. S.) 565; 1993 PLC (C. S.) 1011; PLD 1992 SC 646 and PLD 1981 SC 225 ref. (b) Service Tribunals Act (LXX of 1973)- ----S. 4---Promotion---Delayed promotion---Successive representations Effect---Limitation---Successive representations were not warranted by law--­Subsequent representations on the same subject---Subsequent applications were mere exercise in futility when previous representation stood decided and rejected---Rejection of subsequent representation would' not give fresh limitation for filing appeal before Service Tribunal. (c) Civil Servants Act (LXXI of 1973)--- ----S. 8(4)---Seniority, reckoning of---Seniority has to be reckoned from the date of regular promotion/appointment and in case of civil servant he had rightly been given seniority in specified grade with effect from the date when he was regularly promoted---Civil servant, however, never requested for ante-dated promotion in specified grade, therefore, unless and until his promotion was not ante-dated by Competent Authority, he could not regain his seniority. 1989 SCMR 1267; 1987 SCMR 92; Federation of Pakistan v. Muhammad Naqi Khan and others 1985 SCMR 2099 and Secretary to Government of Punjab, Education Department v. Saeed Ahmed Khan PLD 1994 SC 219 ref. (d) Civil Servants Act (LXXI of 1973)-- ----S. 8---Service Tribunals Act (LXX of 1973), S. 4---Civil Procedure Code (V of 1908), O.I, R. 9---Seniority---Civil servant assailing gradation list--­Persons likely to be affected in case of acceptance of civil servant's appeal were not impleaded by him in his appeal---In case of civil servant's success persons at specified serial numbers in gradation list were likely to suffer and to…

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