Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 23---Central Secretariat Service (Class I) Rules,1965, R. 13---O.M.G. Rules, 1975, Rr. 12(b) & (c)---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted to examine; whether R. 12(b) (i) & (ii), O.M.G. Rules deals with inter se seniority of various categories and not with the date of start of seniority; whether under R.13, Central Secretariat Rules, petitioner's seniority should start from the date of his "continuous appointment" as Section Officer; whether R.12(b) or 12(c), O.M.G. Rules would apply to determine the seniority of petitioner and if so, from which date he would be considered for the purpose of his seniority; and whether the seniority fixed by the department was contrary to O.M.G. Rules read with Central Secretariat Service Rules and violative of proviso to S. 23, Civil Servants Act, 1973. ORDER ABDUL OADEER CHAUDHRY, J.---The petitioner's case is that he was appointed as Section Officer on 1-10-1959. He was promoted to Grade 18 on 8-11-1976. He was encadred in O.M.G. on 9-10-1977. According to the learned counsel for the petitioner, on encadrement in O.M.G. his seniority was governed by rule 12 of the O.M.G. Rules 1975 read with rule 13 of the CSS Rules, 1965. It is contended that in violation of the rules, the Establishment Division has fixed his seniority with effect from 9-10-1977. He made a representation for determination of his seniority and…

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