Law:

Section:

(a) Civil service-------Seniority---Seniority of a civil servant could not be disturbed merely on observations in A.C.R. of civil servant and issuance of warning letters to him. (b) Civil Servants Act (LXXI of 1973)--- ----Ss. 2(1)(1) & 8---Seniority Rules, 1993, Rr. 4 & 7---Seniority---Position of seniority of civil servant already serving as Survey Officer in B-16, could not be affected by change of designation of co-civil servant who was transferred from parent department, from cadre of Assistant Manager to cadre of Survey Officer---Authority could give extra-financial benefits to co-civil servant if so desired and he could be treated to have retained in his parent cadre, but seniority of civil servant already in that cadre could not be disturbed. PLD 1974 SC 899 and 1995 PLC (C.S.) 273 ref. Syed Kazim Hussain Kazmi for Appellant Shahzad Hussain, Deputy Director on behalf of the Department Date of hearing: 10th March, 1996. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant is presently employed as Survey Officer in B-16 with effect from 22-3-1985 on regular basis. He appears at serial No. 5 of the seniority list of Survey Officers as on 1-1-1995. The respondent No. 1 issued order on 8-2-1995 whereby the respondent No. 3 was transferred from the cadre of Assistant Manager to the cadre of Survey Officer by change of designation. There was a stipulation in the said order that the respondent No. 3 will reckon his seniority with effect from 10-4-1985 i.e. the date of his promotion to B-16. This phrase of reckoning seniority in the new cadre with effect from the promotion in the previous cadre aggrieved the appellant who filed a departmental representation and thereafter, he has moved the present service appeal. 2. The respondents contested the appeal by written objections wherein, beside the question of limitation, the appeal was resisted on the main ground that the conduct of the appellant was unsatisfactory and the respondent No. 3 being foreign trained officer in aerial photography was the only appropriate choice to replace another retiring officer and, therefore, the respondent No. 3 was transferred to the cadre of Survey Officer by change of…

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