Law:

Section:

(a) Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975--- ---R. 9--Seniority--Both appellant and respondent started their service career in Grade-17 in Planning and Development Department, the former as Research Officer and latter as Progress Officer--In Seniority List issued by Department, appellant was assigned first position above respondent whose name appeared a1 No.2 but on representation by respondent, appellant's seniority was disturbed showing him junior to respondent--Appellant challenged said order of authority which disturbed his seniority--Appellant's initial appointment as Research Office was regularised while similar appointment of respondent was never regularised. Following upgradation of post of appellant from Grade-17 to Grade-18, appellant was allowed to continue in upgraded post firstly on purely temporary/ad hoc basis and then on recommendation of Public Service Commission after regularization of said post--Meanwhile in seniority list of Economic Analysts, appellant was shown senior to respondent--Respondent had been sleeping over matter for nearly five years when he made representation whereas he should have challenged same within thirty days of issuance of list--No explanation was given by respondent for such inordinate delay--Seniority list was preceded by Provisional Seniority List whereby objections were invited from all those officers who felt aggrieved by entries therein but respondent did not avail of opportunity and he did not file his objections as required by rule 9(1) of Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975--Separate Seniority Lists were to be drawn up for posts of Economic Analysts and Assistant Chiefs-­Appellant had been inducted in the post of Assistant Chief by transfer much before publication of Seniority List and his name could appear in the said list as Assistant Chief--Appellant's period of probation in that capacity had ,been terminated earlier than that of respondent consequently he became eligible for confirmation before the respondent and hence he was senior to respondent even as Assistant Chief--Held, there was no legal justification to reopen question of…

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