Law:

Section:

Civil service-------- Seniority list, petitioner being employee of Water and Sanitation Agency even after the issuance of the final seniority list in the year, 1989 did not agitate against the list and accepted the same wherein he was placed junior to the respondents---Such list was assailed by the petitioner in the year, 1994 before High Court in exercise of its Constitutional jurisdiction---Validity---Where the petitioner had remained sleeping for about 5 years after issuance of seniority list in the year, 1989, he had lost all of his rights after lapse of so many years---High Court declined to interfere in the list---Constitutional petition was dismissed in circumstances. Syed Zafar Ali Shah for Petitioner. Mahboob Ahmad for WASA ORDER Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, the list of Assistant Engineers dated 24-9-1994 has been challenged and it has been prayed that the seniority list may be declared as without lawful authority with a consequential direction to respondent No. l to draw the seniority list in accordance with law and rules. 2. The brief facts of the case are that the petitioner was appointed as Sub-Engineer in the year 1967. He was promoted as Assistant Engineer (BPS-17) vide order, dated 25-5-1979, and was regulairzed/confirmed on the recommendation of the Departmental Selection Committee. He qualified AMIE in December, 1981 as a result of which he was entitled to reckon his seniority with graduate Assistant Engineers. Respondents Nos. 1 and 3 were inducted in the service of respondent authority as Assistant Engineers on 8-4-1980 and 5-4-1980 respectively. They were on probation for two years. However, vide order, dated 4-IO-1982 their probation was extended for a period of six months. The petitioner in the seniority list issued on 1-11-1986 was shown at serial No. 22, while respondents Nos. 2 and 3 were shown at serial Nos.23 and 24 respectively. Respondent No.3 tiled an appeal against the said seniority list which was accepted vide order dated 22-2-1989 and respondents Nos.2 and 3 regularized in service with effect from their date of appointment. 3. On 28-9-1989 seniority…

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