Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---ESTACO DE (1989), SI.No.106---Leave to appeal was granted by Supreme Court to consider; whether or not the civil servant was entitled to the grant of seniority from the date on which he started officiating against the post on transfer to Civil Aviation Authority from Pakistan Air Force. Mehr Sher Muhammad and others v. Federation of Pakistan 1999 SCMR 185 and S.M. Farooq and others v. Muhammad Yar Khan and others 1999 SCMR 1039 ref. (b) Constitution of Pakistan (1973)--- ----Art.212(3)---ESTACODE (1989), S1.No.106---Leave to appeal was granted by Supreme Court to consider; whether the appeal of the civil servant before Service Tribunal was maintainable when firstly, no departmental appeal/representation against the order impugned before the Service Tribunal was filed and secondly his earlier appeal was dismissed, by the Tribunal and no appeal was filed there against which, as such, had attained finality; whether seniority of the civil servant was to be reckoned from the date he was employed on contract basis or from the date he was absorbed; whether contract period of the service of the civil servant could be counted for his retrospective promotion; and whether the civil servant after his promotion to higher pay group could be reverted back to lower pay group without affording him any opportunity of hearing. (c) Service Tribunals Act (LXX OF 1973)--- ----S. 4---ESTACODE (1989), S1.No.106---Seniority, fixation of--­Induction of officers from armed forces in civil departments--Civil servant being officer in Pakistan Air Force went on deputation in Civil Aviation Authority---After his retirement from Pakistan Air Force, the civil servant was deemed to be inducted in the Authority---Grievance of the civil servant was that his seniority was to be fixed from the date when he joined the Authority on deputation and not from the date when he was permanently inducted---Appeal filed by the civil servant before Service Tribunal was dismissed---Plea raised by the civil servant was that the policy contained in provision at SI.No.106 of, ESTACODE, 1989, would be applicable to Army Officer who was sent on deputation in…

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