Law:

Section:

Civil service------- Seniority, determination ---Determination of seniority of civil servant .would involve number of facts which fall within the domain of the Departmental authority--- Department had the right to rectify the mistake committed by it under wrongful political pressure---Appeal was dismissed, in circumstances, with the directions that the Department should review the seniority of concerned officers as whole under the relevant rules and the law laid down by superior Courts in this behalf. Abdul Bari v. Government of Pakistan PLD 1981 Kar. 750 ref. Naimatullah Qureshi for Appellant. Ansari Abdul Lateef for Respondent No.4. Muhammad Qasim Mir Jat, A.A.G. for Respondents Nos. 1, 2 and 3, Date of hearing: 29th November, 2000 JUDGMENT BAHAUDDIN SIRHINDI, (MEMBER-I).---Appellant has tiled the instant Appeal No.230 of 1999 on 26-6-1999 under section 4 of the Sindh Service Tribunal Act, 1973, challenging therein the appellate order dated 27-5-1999 by which his claim of seniority in the cadre of Excise and Taxation Officer (BS-17) over and above Mr. Muhammad Javaid Memon, private respondent No.4 has been rejected. The appellant also filed an urgent application bearing the same number dated 26-6-1999 requesting this Tribunal to stay the operation, direction and implementation of the said impugned order dated 27-5-1999 as well as notification dated 17-11-1994 issued by the respondents till final disposal of the appeal on consideration of the facts and grounds mentioned in the main appeal. This application supported by an affidavit, which was filed by him on 22-7-1999 through his Advocate. He also tiled an urgent Application No.93 of 1999 on 8-7-1999 under section 5 of the Sindh Service Tribunal. Act to be read with section 151. C.P.C. for hearing of the stay application on 13-7-1999 on the facts and grounds mentioned therein. This application was supported by an affidavit and was submitted by the then Registrar, Sindh Service Tribunal on 8-7-1999 to the then Member-I, Sindh Service Tribunal, who was looking after the charge the Chairman, Sindh Service Tribunal (the Chairman being on vacation) who on the same date directed that a notice be issued to the…

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