Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 212(3)---Leave to appeal was granted to examine, whether Service Tribunal had correctly deprived the appellants of their seniority notwithstanding the fact that they entered into the service as directly recruited Inspectors from an earlier date as against the respondents. (b) Police Rules, 1934--- ---R.12.6---Seniority---Mode of determination---Appellants and respondents were' separately recruited temporarily and without observing Rules of recruitment--­Case of recruitment of respondents was referred to Public Service Commission and was approved resulting in regularization of their appointment from the date of their initial recruitment---Selection Committee cleared appellants for absorption in the regular cadre on specified date subsequent to the date of respondents' regularization---Appellants claimed seniority on the basis of their initial appointment which was earlier than the respondents---Validity---On no principle executive authority could be held invested in the matter of direct appointment, to make the appointment retrospective from a date earlier to the selection in accordance with law and to hold otherwise would amount to interference with the vested rights of civil servants who on basis of earlier selection and regular appointment, got seniority over those who were selected later---No law exists whereby retrospective regularization of direct recruits could be ordered by the executive authority---Appellants' claim of seniority over respondents, was thus not sustainable. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Service Tribunal has correctly deprived the appellants of their seniority notwithstanding the fact that they entered into the service as directly recruited Inspectors from an earlier date as against the respondents. The appellants were released from the Army and were deficient in the educational qualifications but were appointed temporarily from dates earlier to those of the respondents as Inspectors. The respondents were also at first recruited temporarily and without observing the Rules of recruitment, a few months…

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