Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)-----S.7---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.8---Punjab Service Tribunals Act (IX of 1974), S.4--­Seniority; determination of---Appeal before Service Tribunal---Civil servant who initially was appointed as Lecturer in 1977, was selected as Assistant Professor in 1984 and finally was promoted as Associate Professor in accordance with seniority list against 70% quota of promotion through notification in 1990---Sound principle for determination of seniority had been enshrined in S.7 of Punjab Civil Servants Act, 1974 and R.8(2) of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 and according to said provisions of law seniority was to be determined from the dates of regular appointment of the direct selectees and dates of promotions of promotees and principle contained in said provisions of law was upheld by Supreme Court in its reported as 1986 SCMR 898---Service Tribunal was not competent to lay any different principles for determination o seniority between the direct recruits and promotees---Promotees were rather to take precedence in seniority over direct recruits in terms of of Supreme Court reported as 1990 SCMR 1623.-­Opposing/directly recruited Associate Professors who were appointed on recommendations of the Public Service Commission in 1995-96, did not exist at the time of promotion of civil servant in 1990 as Associate Professor anal thus could not be made senior to civil servant-- -Seniority was ,a vested right---Seniority of civil servant with effect from 1990 when he was promoted as Associate Professor stood determined in year 1990 and same could not be altered after 12 years---Reversal of seniority of civil servant was against principles of natural justice as he .was not given any personal hearing by concerned Authority before ordering alteration in seniority---Ex parte passed against civil servant which was not in rem was not applicable in case of civil servant---Order whereby seniority ,of civil servant was altered, was set aside. 1999 SCMR 1869; 1996 SCMR 1145; 1986 SCMR 898 and 1990 SCMR 1623 ref. (b) Civil servant----…

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