Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------Ss. 8 & 12(A)--Federal Public Service Commission (Functions) Rules, 1978, R.4---Seniority---Determination---Civil servants were shown, in an earlier seniority list, as seniors to opposing civil servants, but in seniority list issued after about ten years from said earlier list, they were relegated to lower position in seniority---Civil servants claimed seniority contending that they joined 'service on recommendation of Federal Public Service Commission on regular basis whereas opposing civil servants joined department on ad hoc basis under N.D.V.P. Programme and their services were regularised much after civil servants' regular appointment---Opposing civil servants asserted that they were Graduate Engineers and when they were undergoing job training, Federal Public Service Commission advertised posts of Assistant Divisional Engineers and as they were already acquiring job training as Assistant Divisional Engineers, they made representation to Prime Minister for giving them appointment as Assistant Divisional Engineers---Prime Minister being Competent Authority accepted request of opposing civil servants and they were appointed accordingly---Opposing civil servants had further contended that later on Government issued Federal Public Service Commission (Functions) Rules, 1978 and according to R.4 thereof, Federal Public Service Commission was directed to test civil servants appointed between 1-1-1972 to 30-6-1977 whose cases were to be referred to Federal Public Service Commission by President of Pakistan as to whether they were fit to hold posts which they had been holding during that period---Opposing civil servant having been appointed during said period, President of Pakistan who was Competent Authority, had confirmed them as they were found suitable to be confirmed---Appointment of opposing civil servants which was confirmed, thus neither was ad hoc nor temporary as same was made by Competent Authority on regular basis---Civil servants who were appointed by Federal Public Service Commission after appointment/confirmation of opposing civil servants could not claim seniority over opposing civil servants. 1995…

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