Law:

Section:

Constitution of Pakistan (1973)-------Art.212(3)---Seniority---Civil servant's departmental appeal as also his appeal before Service Tribunal against seniority list remained unsuccessful--­Subsequently another list was published, whereupon, civil servant considering that seniority being a substantive right had given him a fresh cause of action submitted departmental appeal which was dismissed---Service Tribunal dismissed civil servant's appeal on the ground that issuance of a seniority list subsequent to dismissal of his appeal did not give him any cause of action---Leave to appeal--­Civil Servant's contention was that his previous appeal having not been decided on merits, question of res judicata did not arise in the present appeal---Leave to appeal was granted to consider whether fresh cause of action had accrued to civil servant after publication of subsequent seniority list. Muhammad Ayub Qureshi v. Chairman, WAPDA P L C 1984 (C.S.) 133 ref. ORDER ABDUL QADEER CHAUDHRY, J.--The petitioner joined the Central Excise and Land Customs Department as an Inspector on 15-8-1952. He was promoted as Deputy Superintendent and Superintendent retrospectively with effect from 20-2-1959 and 21-12-1970 respectively vide letter dated 23-4-1981. The seniority list of the Superintendents was revised on 1-10-1972 and the petitioner was at Serial No. 70 but in line of promotion he was at No.10. The petitioner on his appointment as Assistant Collector on 3-1-1982 submitted a representation for correcting his date of induction into the Customs-Excise Group in accordance with the formula laid down in S.R.O. 597(K) dated 18-12-1959. As he failed to get any reply, he submitted a departmental appeal on 24-5-1983 and then submitted an appeal to the Federal Service Tribunal on 24-9-1983. The Tribunal dismissed the appeal as being time-barred. The review petition filed by the petitioner was also dismissed. In the meantime, the respondent No.2 issued a seniority list on 8-11-1984 wherein his name had been shown at serial No. 32. On the basis of this seniority list and considering that the seniority being a substantive right had given a fresh cause of action to him,…

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