Law:

Section:

(a) Constitution of Pakistan (1973)------ Art. 212(3)---Leave to appeal was granted to examine whether seniority list prepared and circulated by the parties. (b) West Pakistan Social Welfare Department (Gazetted Posts) Recruitment Rules, 1964-- ---- Regularisation of seniority from a retrospective date was not permitted and was beyond the power of Departmental Selection Committee --- General Administration and Information Department was thus wrong in blessing such performance of the Departmental Selection Committee and advising the adoption of it for preparation of the seniority list. Department was in accordance with law applicable (c) Punjab Service Tribunals Act (IX of 1974)-- ----S.4 --- Seniority --- Only the Department could undertake the exercise in the light of Notification issued by the Government and confer benefits on those who deserved it if they stood to gain in the matter of seniority provided they satisfied certain conditions laid down in the Notification one of them being that ad hoc appointment should have continued since at least 1966 --- Without such exercise having been undertaken by the Department, Service Tribunal, held, could not have attempted it without ensuring the satisfaction of conditions prescribed in the Notification. (d) West Pakistan Social Welfare Department (Gazetted Posts) Recruitment Rules, 1964-- ---- R. 8(1)(a) --- Seniority --- Ad hoc appointees and appointees for whom special dispensation had come from the Governor --- Entitlement --- Ad hoc appointees would count their seniority from their regular appointment or under the general dispensation , as the case may be --- Batchwise seniority following the selection would be on the strength of R.8(1)(a) and was to be observed and kept intact. (e) West Pakistan Social Welfare Department (Gazetted Posts) Recruitment Rules, 1964-- ---- R. 8(l)(b) --- Expression "continuous appointment"-- -Meaning --- Expression means appointment to the service in accordance with law and not an adhoc appointment --- Regularisation of seniority could not be from a past date, the matching of the seniority could take place from the date under regularisation and not from any retrospective date of…

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