Law:

Section:

Balochistan Civil Servants Act (IX of 1974)-------S.8---Constitution of Pakistan (1973), Art.212(3)---Seniority---Ad hoc appointees placed senior to civil servants selected by Public Service Commission ---Service Tribunal set aside such seniority and placed regular civil servants senior to ad hoc appointees---Plea raised by the ad hoc appointees was that seniority was not a vested right of a civil servant under Balochistan Civil Servants Act, 1974, therefore, appeals before Service Tribunal were bound to be dismissed---Validity---In case of persons appointed by initial recruitment, their seniority inter se would be fixed in accordance with the order of merit assigned by Public Service Commission, provided the persons selected for in a later selection---Ad hoc appointees would be entitled to count seniority from the date of their regularization and not from the date of initial appointment---Supreme Court declined to take any exception to the law laid down by Supreme Court in earlier s--­Leave to appeal was refused. Wajahat Hussain v. Province of the Punjab PLD 1991 SC 82 rel. Muhammad Munir Peracha. Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellants. Nemo for Respondents. Date of hearing: 23rd July, 2002. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This Civil Miscellaneous appeal has been directed against the order dated 12-10-1999 passed by the Deputy Registrar (Judicial) of this Court through which the petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 preferred against a common judgment dated 12-8-1999 passed by the Balochistan Service Tribunal. Quetta in 4 separate service appeals, was returned to the Advocate-on-Record for filing independent petitions. The appeal was heard in chambers on 24-1-2000. The learned counsel was directed to tile certified copies and grounds of appeal in each case within a fortnight. Upon compliance of the order, the matter was again fixed in chambers on 12-4-2000 and it was directed that appeal be re-listed in Court and as per direction vide order dated 20-11-2000, the Civil Miscellaneous Application No.20 of 1999 alongwith main petition was re­ listed in Court on…

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