Law:

Section:

Civil Servants (Seniority) Rules, 1993-------Rr. 4 & 7---Seniority---Appointment of civil servant as Section Officer by transfer on deputation in year 1989 till his appointment as Section Officer in Office Management Group (O.M.G.)---Completion of tenure of civil servant's deputation in year 1992---Appointment of civil servant on regular basis in year 1999---Claim for seniority by civil servant from date of initial deputation or completion of 3 years deputation period in year 1992---Validity---Civil servant had neither protested against induction of some deputationist in O.M.G. in year 1989 nor urged such claim during period from 1992 to 1999---Civil servant could not wriggle out of unconditional consent given by him in year 1999 for seeking induction in accordance with R.4 of Civil Servants (Seniority) Rules, 1993---Induction of civil servant had not taken place earlier and that until year 2000, he had not agitated against inaction to absorb him in O.M.G.---Such conduct/inaction of civil servant for years would amount to acquiescence---Civil servant's silence/inaction for 7/8 years had disentitled him to such claim. Muhammad Arshad Sultan, Section Officer, Cabinet Division, Islamabad and another v. Prime Minister of Pakistan, Islamabad and others PLD 1996 SC 771; Mrs. Fakhera T. Abbasi, S.O. Finance Division, Islamabad and 2 others v. The Secretary, Establishment Division, Islamabad and 63 others 1998 SCMR 432; Mehr Sher Muhammad and others v. Federation of Pakistan 1999 SCMR 185; Muhammad Zafar Khan v. Secretary, Establishment Division, Islamabad and 155 others 1995 SCMR 1840; Muhammad Zakir Khan v. Government of Sindh and others 2004 SCMR 497 ref. Muhammad Akram Sheikh, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners (in C.Ps. Nos.1153-1154 and C.P. 1577 of 2004). All in person (in other connected petitions). Aitzaz Ahsan, Senior Advocate Supreme Court for Respondents (in C.Ps. Nos.65, 73, 183 and 219 of 2004). Ch. Afrasiab, Advocate Supreme Court (absent). Respondent No.24 in person. ORDER KARAMAT NAZIR BHANDARI, J.--- By a short order dictated in open Court today, we refused leave and dismissed Civil Petitions Nos.1153,…

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