Law:

Section:

(a) Service Tribunal (LXX of 1973)------S.4--Compulsory Service (Armed Forces)--Ordinance (XXIV of 1971), S.9-A--- Seniority---Determination---Special statute---Overriding effect of--­Civil servants, in earlier seniority list, were shown senior to opposing civil servants but in subsequent seniority list they were placed junior to opposing civil servants---Opposing civil servants who were placed senior to civil servants in subsequent seniority list, had been given benefits of services rendered by them in Army under Compulsory Service. (Armed Forces) Ordinance, 1971, which had provided the compulsion on certain essential persons to render service in Armed Forces as a result of call-up notice--­Compulsory Service (Armed Forces) Ordinance, 1971, being a special statute, had overriding effect on all other laws, rules and instructions--­Opposing civil servants who had rendered required minimum length of service in Armed Forces satisfactorily, would be entitled to benefits of such service---Overriding clause appearing in a special statute would prevail over any other law, subordinate legislation, rules and administrative instructions--If somebody had any grievance against vires of such statute, he could have approached appropriate forum for rectification of any wrong, but the vires of a statute could not be challenged collaterally in proceedings of, entirely different nature and more particularly in matters relating to terms and conditions of service---Service Tribunal exercised limited jurisdiction relating to vested terms and conditions of service and vesting of aright was caused by provisions of statute or in absence of legal provisions, rules or administrative instructions---If statute itself provided an additional benefit to certain functionaries, who had performed certain functions, same could not be negated to protect merit position of another civil servant based on administrative instructions only---Opposing civil servants who fell within category of essential persons, were entitled to reckon their seniority by adding period of service rendered by them under Compulsory Service (Armed Forces) Ordinance, 1971, towards length of their service under…

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