Law:

Section:

(a) Civil service--- ---- West Pakistan General Clauses Act (VI of 1956), S. 20---Amalgamation of two cadres of service-- -Government's competency to create and amalgamate cadres-- No tangible loss or damage was established to have occurred by such amalgamation---Civil servant's locus standi to challenge order of amalgamation of cadres. The creation of posts for civil servants is the sole discretion of the Government. Similarly the amalgamation of posts of like cadres is the sole discretion of Government and it cannot be challenged by any civil servant. The Government has the power to create cadres and likewise it has got the power to amalgamate the cadres. The power to do a certain thing also includes the power to undo it, cancel it, recall it, amend it or rescind it. In this connection the provisions of section 20 of the West Pakistan General Clauses Act, 1956, are very clear and no exception can be taken to the power of Government to make, unmake or rescind any order. (b) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S. 8---Constitution of Pakistan (1973), Art. 199---Inter se seniority on basis of regular appointment to respective posts---Seniority list of members of a service/cadre could create no vested right---No seniority list having been prepared after amalgamation of two cadres of service, civil servants not deemed to have been adversely affected---Constitutional petition was not competent in circumstances. This is a cardinal principle of law that inter se seniority of the civil servants holding equivalent posts has to be determined in accordance with continuous regular appointment to that post. This criterion is laid down in subsection (4) of section 8 of the North-West Frontier Province Civil Servants Act, 1973. However, section 8 further lays down in subsection (1) that although a seniority list of the members for the time being of a service or cadre would be maintained by the appointing authority but no vested right to a particular seniority in such service or cadre would be created in favour of any civil servant. It would thus be seen that the petitioners could not claim any vested right with regard to a particular…

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