Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)--S.4---Appeal---Limitation---Seniority list, dated 10-9-1981 was neither circulated nor gazetted at that time but was circulated on 1-6-1988--­Appellant who made representation to the Department on 22-8-1988 having not received any response from the Departmental Authority filed Constitutional petition in the High Court whereupon direction was issued to the Department to dispose of the representation of appellant within a period of 30 days---Department, however, rejected the representation of appellant finally---Appeal filed by the appellant thereafter, held, was rightly treated as within time by the Service Tribunal in circumstances. (b) Constitution of Pakistan (1973)---­ ----Art.212(3)---Civil service---Seniority---Both the contesting civil servants were recruited temporarily on the same date, one in the cadre of Civil Engineering while other in Electrical and Mechanical Engineering--=Public Service Commission had not determined tile seniority of both the civil servants for they belonged to different cadres (which later on were merged)--Department in accordance with the principles and criteria laid down in Government circular in view of such merger of cadres determined the seniority of both the civil servants and found that in circumstances the older (in age) officer will be given seniority over the other---Judgment of Service Tribunal holding the older civil servant senior to the contesting civil servant not suffering from any illegal infirmity, Supreme Court. Declined interference. Muhammad Sohail v. Government of N.-W.F.P. 1996 SCMR 218 and M.A. Rashid Rana v. Secretary Home, Government of Punjab 1996 SCMR 1145 and Saleem Akhtar Bhalli v. Secretary to Government of the Punjab, Communications and Works Department, Lahore 1985 SCMR 950 distinguished. (c) Constitution of Pakistan (1973)-- ----Art. 212(3)---Petition for leave to appeal---Controversy raised in the petition related to an individual grievance of the petitioner---Case did not involve a substantial question of law of public importance warranting leave to appeal---Petition was dismissed. Dr. A. Basit, Advocate Supreme Court assisted by Ejaz Muhammad…

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