Law:

Section:

Civil Servants Act (LXXI of 1973)-------Ss. 8 & 9---Service Tribunals Act (LXX of 1973), S.4---Seniority---Promotion---Discrimination---Appeal---Appellant was appointed as Apprentice Accountant (B-16) by Auditor-General of Pakistan---According to terms and conditions as contained in appellant's appointment letter, he was required to pass S.A.S. Examination in three chances---Appellant who could. not qualify the examination within specified three attempts, requested 'for another chance, but instead of granting his request, Accountant General of Pakistan Revenues to whose office appellant was allocated, terminated his services as Probationer Accounts Officer, but simultaneously appointed him as Senior Auditor (B-11)---After termination of service of appellant, some of his colleagues who too had exhausted prescribed three chances to clear S.A.S. Examination, were granted another chance to appear in said examination---Appellant subsequently cleared S.A.S. Examination---According to the terms of appointment, Probationer Accountants were to be allowed seniority from the date they qualified their S.A.S. Examination---On filing appeal, Tribunal decided that Probationer Accountants would be given seniority with effect from the date they joined the Department, rather than from the date they qualified S.A.S. Examination---Controller General Accounts following Establishment Division's, advice, issued orders dated 8-2-2003 regarding fixation of pay and seniority of Apprentice/Probationer Accountants---Appellant was discriminated and treated unfairly as instead of granting him another chance to clear S.A.S. Examination like others; his services were terminated by incompetent Authority, who was not appointing Authority---Appellant, despite having qualified said examination subsequently and was promoted as Assistant Accounts Officer, was not reinstated nor was given benefit of seniority from the date of his initial entry into service---Once period of probation had elapsed without being extended in accordance with law, probationer would be deemed to-have been confirmed---No justification existed for the Authority, not to give effect to order regarding re-fixation of pay and…

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