Law:

Section:

Civil service--- --- Promotion--Appellant, an Assistant Professor, aggrieved by promotion of respondent, protesting against seniority list issued by Department and praying for direction to respondent Education Department to issue an accurate seniority list of Assistant Professors in Education Department--Consequent upon merger of Swat State, posts of lecturers were merged with strength of Education Department of N.-W.F.P: -Appellant who was later on promoted as Assistant Professor to BPS-18, had neither challenged seniority list earlier issued by Deptt. nor promotion of respondent, at any stage, at departmental level or before Service Tribunal--Held, after establishment of seniority in BPS-18, respondent had attained a legal right for earlier promotion to BPS-19 than appellant and with consultation with Provincial Selection Board, respondent was rightly promoted as such--Respondent Government Department was however directed to review seniority list and include names of those Assistant Professors who were left over before. Nasirul Mulk for Appellants. Shahzada Shahpur Jan for Respondent No.7. Said Bashir Government Pleader for Respondents. ORDER SAHIBZADA MUHAMMAD FARIDUN KHAN (MEMBER).-- The appellants were employees of the ex-State of Swat serving as Lecturers. After merger of Swat State they were absorbed as Lecturers in BPS-17 in the Education Department of N.-W.F.P. They were promoted as Assistant Professors with effect from 1-2-1978, and since then were serving as such in the Education Department. Learned Counsel for the appellants while pleading the case referred to para. 6 of the integration scheme order of 1st January, 1971 wherein it had been laid down that "for purposes of seniority the States' employees shall be determined with reference to the date of continuous appointment, substantive or otherwise, to a particular grade. Service both before and after the date of integration will be taken into account. The seniority of the former employees of the States' shall be fixed vis-a-vis the Provincial Government's employees on the same basis. In case two officers are bracketted together, owing to their appointment taking effect from the same date, the…

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