Law: Civil Servants Act, 1973

Section: 8

(a) Civil Servants Act (LXXI of 1973)   S. 8 Seniority list Preparation of seniority list of the members of the staff working in a department of such service, cadre or post Provision of S.8, Civil Servants Act, 1973 does not stand in way of preparing separate seniority list for different occupational groups in an establishment or a department Maintenance of overall seniority list is not insisted by S. 8 of the Act. (b) Civil service   Service Rules, change in Effect Change in Service Rules appeared to be a step towards specialization of each of the groups in the department and did not harm or benefit any specified person or group of persons Such change could pot be said to be mala fide. ORDER MUKHTAR AHMED JUNEJO, J.Petitioners Syed Afzal Ahmed Hydari and Mrs. Sabiha Razee Siddiqui have moved separate petitions for leave to appeal against a common judgment dated 4 7 1994 delivered by the Federal Service Tribunal dismissing Appeals Nos. 93 K, 94 K, 95 K and 96 K of 1994. Both the petitions are proposed to be disposed of under this judgment. Petitioners Syed Afzal Ahmed Hydari and Mrs. Sabiha Razee were serving as Research Officers in BPS 17 in Defence Science and Technology Organization (hereinafter mentioned as DESTO) Laboratories, under the Defence Production Division, Government of Pakistan when SRO No.17(KE)/88, dated 28 2 1988 was published in the Gazette of Pakistan dated 22 2 1988. Under said SRO the Government of Pakistan in the Ministry of Defence, by exercising their powers under sub rule (3) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 made amendments in the Recruitment Rules for the posts in BPS 17 and above, in the Defence Science and Technology Organization. Said SRO provided inter alia that there would be five Discipline Groups of the employees in DESTO and that promotion to a post in any Group would be made by selection from amongst the persons who hold the posts in that group. Aforesaid amendment in the Rules was challenged before Federal Service Tribunal, inter alia by petitioners Afzal Ahmed and Mrs. Sabiha Razee Siddiqui but their appeals were dismissed on 7 3 1993. The Tribunal took view that…

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