Law:

Section:

(a) Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984-------Rr.5 & 9---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider, whether seniority fixed by Selection Committee at the time of ad hoc appointment of contesting Judicial Officers would be carried ahead even after regularization or rule of age would be determining factor. (b) Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984--- ----Rr.5 & 9--Method of recruitment---Selection by Public Service Commission and that by Departmental Selection Committee---Procedure--­Distinction---Fixation of seniority---Formula of age---Applicability--­Selection made by Public Service Commission is not synonymous to the selection made by Departmental Selection Committee and is not one and the same thing---In case of selection made by an Authority other than Public Service Commission, the provision of R.9 of Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984, is not invocable---Seniority of selectees of Public Service Commission is governed on the basis of order of merits assigned to them by the Commission notwithstanding the different dates of their recommendation and the appointment without the intervention of Public Service Commission and following the prescribed method cannot claim fixation of seniority inter se on the basis of principle embodied in R.9 of Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984--­Recommendation of Judge of High Court as Member of the Commission in viva voce test is binding on the Commission and merit is accordingly assigned to the selectees on the basis of combined result of written examination and viva voce test---Appointing Authority may appoint Civil Judges through the process of selection by Committee of Judges constituted by Chief Justice pending nomination of candidate by Public Service Commission as envisaged under R.5(3) of Balochistan Civil Judges and Judicial Magistrates Service Rules, 1984---If such appointments are subsequently regularized without the intervention of Public Service Commission, it is not a selection in terms of R.5 of Balochistan…

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