Law:

Section:

(a) Punjab Health Department Medical Education Institution (Class 1) Service Rules, 1971------ R.10, Expis. I & III --- Constitution of Pakistan (19,73), Art. 212(3) --- Seniority-- ­Leave to appeal was granted to examine whether Service Tribunal had correctly applied law relating to the determination of seniority. (b) Punjab health Department Medical Education Institution (Class 1) Service Rules, 1971--- R. 10, Expis. I & III --- Punjab civil Servants Act (VIII of 1974), S. 7- -Seniority, determination Of --- Omission of the words in S. 7 of the Act clearly declaring that seniority shall not be a vested right, reference has necessarily to be made to the Service Rules, 1971 and not to the Act or the Rules framed, thereunder, for determining the seniority as obtaining in 1.973 --- Provision of Explanation III to R. 10 is a protective provision preserving the interest of those who were deprived of a fair consideration at the time when they had a right to be considered but is not a provision rewarding those who were ineligible and unqualified to be considered for promotion against those who were eligible and qualification- -Public interest and not the individual's interest has to prevail --- Senior who was for reasons of qualifications or length of service or for any other reason ineligible to be considered at all for promotion, would not regain his seniority against his junior who was otherwise eligible and qualified and was promoted when the permanent vacancy occurred and continued in it. The omission in section 7 of the Punjab Civil Servants Act of the words clearly declaring that seniority shall not be a vested right, reference has necessarily to be made to the Service Rules of 1971 and not to the Civil Servant Act or the Rules framed thereunder for determining seniority as obtaining in 1973. The question that arises in the present case is whether a senior who is for reason of qualifications or length of service or for any other reason ineligible to be considered at all for promotion, will regain his seniority against his junior who is otherwise eligible and qualified and is promoted when the permanent vacancy occurs and continues in it. Explanation…

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