Law:

Section:

Civil service---Seniority---Both the incumbents were selected and appointed in the same batch---Mere fact that one of them assumed the duties earlier would not adversely affect the seniority position of the one who assumed the duties later. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner and the respondent No.3 (Azmatullah) were selected by the Selection Committee and were appointed as Auditor (BPS-11) in Local Fund Audit Department, N.-W.F.P. However, respondent No.3 could not assume the charge of the post as sanction of relaxation in age limit was awaited: Therefore, he joined: his duties ten days later than the petitioner. Initially the petitioner was shown senior to the respondent No.3 in the seniority lists. However, the seniority dispute was resolved by the departmental authorities in favour of the respondent No.3 who was found senior to the petitioner both in order of merit and age. In the final seniority list as it stood on 31-12-1995, the respondent No.3 was shown at serial No.33 and the petitioner next below him. The petitioner, therefore, filed Appeal No.224 of 1996 which was dismissed by the N.W.F.P. Service Tribunal. The case was earlier remanded by this Court. The Tribunal, by impugned judgment, dated 28-2-2007, dismissed the service appeal of the petitioner. Hence this petition for leave to appeal. 2. The learned counsel vehemently argued that the petitioner and respondent No.3 were selected from Zones 1 and 2 respectively. Moreover, the petitioner had joined his duties in the…

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