Law:

Section:

Civil service--Seniority--Older-in-age formula---Application---Contention of petitioner that if his selection and that of respondent was taken to be one then the petitioner could not be relegated in seniority simply because he took over the charge later because it was the department which delayed relieving him---Besides, general principle of "older-in-age" should have been given effect to----Held both the contestants being direct recruits through Public Service Commission, the Commission was required to assign them merit and that merit was to hold good irrespective of the date they took over, that having not been done, there remained no other principle to guide except the one laid down in Khushi Muhammad and 3 others v. General Manager, Pakistan Western Railway and 27 others PLD 1970 SC 203--Older-in-age" formula would apply only when the two had taken over on the same date. ORDER SHAFIUR RAHMAN, J: --The petitioner has taken exception to para. 10 of the judgment on the ground that if his selection and that of Dr. Muhammad Abdul Haque (respondent No.3) is taken to be…

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