Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--- ---S.8--Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R.9--Sindh Government Food Department Notification No.SOF(V)/76, dated 29-12-1987 & Notification No.SOIX(Reg.) (S&GAD/2/1/1-74, dated 24-4-1985-­Seniority--Appellant working as Assistant Director, Food, was aggrieved by Notification dated 29-12-1987 whereby appellant had been assigned lower position vis-a-vis respondent, a Rationing Controller--Rule 9(1) of Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, was amended by Sindh Government Notification dated 24-4-1985 whereby word `grade' in the said Rule was replaced with word `cadre'--Word "cadre" having wider connotation. and despite above amendment, Rule 9(1) of Seniority Rules still required that in each cadre of Department, separate Seniority List was to be prepared for a group of civil servants who were assigned similar duties/functions and possessed same eligibility for appointment-- Officers of specked designation, such as District Food Controllers, Ward Rationing Officers etc., included in List form a separate group by themselves for purpose of drawing up a separate seniority list for such group, provided their duties/functions and qualifications for appointment were different from those of other group/groups of civil servants borne on seniority list--Post of District Food Controller was superior, inasmuch as it was to be filled as per recruitment rules, by appointing senior-most Ward Rationing Officer and by later amendment it was to be filled by promotion from amongst the Ward Rationing Officers--District Food Controller stood on higher footing as compared to Ward Rationing Officer despite the fact that both the posts were placed in Grade-16--Unless separate Seniority List was prepared for Ward Rationing Officers, necessary competition for selecting a suitable person from amongst them for promotion in post of District Food Controller could not be held--Combined Seniority List for posts of District Food Controller and Ward Rationing Officers was not valid being against rules--Respondent belonging to a group of Ward Rationing Officers, held, could not…

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