Law:

Section:

Constitution of Pakistan (1973)--Art.21Z(3)---Leave to appeal was granted to examine whether Service Tribunal had taken a correct view of law and of the of Supreme Court titled Ghulam Sarwar Man al v. Government of Balochistan, (C.P.S.LA. Nos. Q-10 and Q-12 of 1983) delivered on 1-6-1983 in declaring appointment of appellant to be void ab initio, and for that 'reason not entitled to the seniority which he was claiming. (b) Balochistan Civil Servants Act (IX of 1974)-- ----S.12-A---Constitution of Pakistan (1973), Art.212(3)---Appellant was appointed to the post in disregard of Civil Service Rules then prevailing in anticipation of amendment to be made in the Service Rules--­Appellant's objection to list of seniority---Appellant's appointment had been made on 5-3-1977 in anticipation of amendment of Service Rules which came on 21-5-1977---Appellant's appointment being in breach of Service Rules, could not be considered to be either regular or of avail in the matter of determining seniority---Order of appellant's retention in service from 5-3-1977 had not the effect directly or indirectly, of making his appointment regular and in accord with the rules applicable---When Rules permitted such recruitment only then service rendered by appellant could be of avail to him. (c) Constitution of Pakistan (1973)-- ----Art.212(3)---Seniority list---Promotion---Objection to---Ground of promotion of respondent being irregular, had neither been taken nor any finding was recorded that promotion of respondents suffered from any legal infirmity---Such ground, therefore, could not be taken up for the first time before Supreme Court---No ground having been made out for interference with the order of Service Tribunal, appeal against such order was dismissed. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to the appellant under Article 212(3) of the Constitution to examine whether the Tribunal has taken a correct view of law and of the judgment of this Court delivered on 1-6-1983 in Ghulam Sarwar Mangal v. Govt. of Balochistan and others (CPSLA; No. Q. 10 and Q-12 of 1983) in declaring the appointment of the appellant to be void ab initio, and for that reason not entitled…

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