Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Leave to appeal was granted to examine whether the decision of Supreme Court in Inayat Ali and another v. Manzoorullah and another 1987 SCMR 407 did not entitle the appellants to claim seniority over the respondents which was denied to them by the Administrative Tribunal by the impugned order. (b) Civil service-- ----Seniority---Civil servant's seniority in Punjab, unlike any other Province or the Federation, is a vested right of which he could not be deprived except and strictly in accordance with the law---Governor's powers of remedial dispensation were limited so as not to extend over the seniority rights of others. Inayat Ali and another v. Manzoorullah and another 1987 SCMR 407 and Muhammad Iqbal Khokhar and 3 others v. The Government of the Punjab and 2 others PLD 1991 SC 35 ref. (c) Civil service-- ---- Seniority---Redesignation and groupings were guaranteed to "not in anyway affect the pay scales, status and other terms of service in respect of the said posts" ---Seniority as such and the eligibility for promotion, could not be affected on the strength of the Governor's dispensation---Groupings could not be frozen, nor the seniority therein and eligibility restricted to those groups ignoring altogether the service seniority list. (d) Civil service-- ----Seniority---Decisions of the Departmental Authority found recognition of the competent Authority namely, the Governor only m two matters i.e., an innocuous but a valuable functional redesignation of the posts and slight amendment in Service Rules and recommendations which related to confining the promotion to the Groups was not accented by the Governor---Held department was in error in making the groupings rigid, operating the seniority within the groups as it was not only contrary to the orders of the Governor but also against the law which bound both the civil servant as well as the competent authority in the matter. (e) Civil service-- ----Seniority---Relevant Service Rules provided for one seniority list for the service or cadre ---Where there was no cadre within the service prescribed under the said Service Rules, seniority list on the basis of groups…

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