Law:

Section:

(a) Civil Servants (Seniority) Rules, 1993-------R.6---Constitution of Pakistan (1973), Art. 212(3)---Seniority, fixation of---Contention raised by the Government was that Service Tribunal wrongly relied on R.6 of Civil Servants (Seniority) Rules, 1993, as the disputed seniority pertaining to the year 1985, could not be, governed thereunder retrospectively---Further contention was that the Tribunal failed to appreciate that the departmental appeals of civil servants were barred by nearly twelve years---Relying on the principle of locus poenitentiae, it was contended that the vested rights accrued to the promoted civil servant could not be denied after a lapse of twelve years ---Leave-to appeal was granted by Supreme Court to consider the contentions. Federation of Pakistan and others. v. Muhammad Sharif Sabir and others 1999 SCMR 185 ref. (b) Civil Servants (seniority) Rules, 1993--- ----R. 6---Constitution of Pakistan (1973), Art. 212(3)---Seniority, fixation of---Contention raised by the Government was that inter se seniority of the civil servants remained the same in all the three seniority lists published in the years 1987, 1994 and 1997 and therefore, objection, if any, to the seniority assigned to the respective civil servant in the list should have been raised at the very initial stage when the first list was published in the year 1987; as such the same having not been done the question of seniority amongst the civil servants attained finality and the matter became past and closed accordingly, representation of the civil servants, their departmental appeals and the service appeals before Service Tribunal were not maintainable and were barred by time---Leave to appeal was granted by Supreme Court to consider the contentions of the Government. (c) Civil Servants (Seniority) Rules, 1993--- ----R. 6---Civil Servants Act (LXXI of 1973), S.8(4)---ESTACODE, 1989, 1).225----Seniority, fixation of---Direct appointees and departmental promotees---Dispute was among the seniority of the two categories of civil servants---Draft Seniority List prepared by the Authorities was assailed before Service Tribunal and the appeal was allowed---Validity---Authorities failed to…

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