Law:

Section:

Civil service------Seniority---Determination---Civil servant who, initially was appointed as Assistant Executive Engineer in B.S.17. and was promoted as Executive Engineer, had claimed seniority over co-civil servants who were initially appointed as Assistant Engineers and subsequently were upgraded and re-designated as Assistant Executive Engineers---Qualifications required for post of Assistant Executive Engineer and Assistant Engineer were the same--­Civil servant was recruited as Assistant Executive Engineer in B.S.17 in the year 1976 whereas prior to his induction, co-civil servants were working in B. S. 17 through under different designations---Appointment order would entail all consequences including seniority---Regular appointment was determining factor for seniority in a post, service or cadre to which a civil servant was promoted and would take effect from date of regular appointment---Civil servant who was regularly appointed as Executive Engineer three to four years later than co-civil servants, could not be declared senior to co-civil servants without getting his promotion antedated---Promotion of co-civil servants in B.S.18 being earlier, same would debar civil servant from claiming any seniority over them especially -when seniority lists prepared long ago had attained finality and same were not challenged by civil servant before any Competent .Authority within period prescribed by law in that respect---Ignorance of law could be no excuse before any competent forum or Court of law and pursuing matter before incompetent Court would also not create any vested right to claim relaxation of limitation---Seniority lists which were not challenged earlier by civil servant were based on principle of regular appointment to the cadre and were based on s of superior Courts as well as Government decisions whereby all Graduate Engineers were to be treated equally in respect of their status, emoluments, seniority and any other available benefits---Co-civil servants having rightly been given seniority, appeal filed by civil servant, against said orders otherwise being barred by time, was dismissed on merits as well as on ground of limitation. 1989 SCMR 1879; 1986…

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