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Appeal No. 34 of 1979, decided on 4th June 1979.

‑‑‑ Ss. 3 & 8 read with Sind Service Tribunals Act (XV of 1973), S. 4 and Sind Service Tribunals (Procedure) Rules, 1974, r, 23‑Seniority‑‑ Vested right to a particular seniority‑Not conferred by law-- Seniority not one of terms and conditions of service‑Appeal claiming seniority‑Not maintainable before Service Tribunal.

Naimatullah Qureshi for Appellant.

.‑This appeal has been filed claiming seniority against respondents Nos. 4, 5 and 6.

One seniority list regarding the Judicial Officers was issued by the High Court of West Pakistan in 1969. The appellant felt aggrieved by the seniority shown in the District. So he made several representations from time to time which were rejected. The present appeal which has been filed is against rejection of his appeal or representation made to the Chief Secretary on 28th September 1976, and later on requesting the Chief Minister by representation dated 28‑3‑1977 treating the appeal to the Chief Secretary as representation to him. The appeal was finally rejected on 12‑4‑1979 after the imposition of Martial Law. Consequently the present appeal was filed.

At the outset it may be pointed that section 3 of the Sind Civil Servants Act, Sind Act XIV of 1973 dated 5‑12‑1973 lays down that the terms and conditions of service of a civil servant shall be as provided in this Act and the rules. So section 8 of the Act is decisive with regard to the maintainability of the appeal relating to seniority. This section reads as under:

"8.‑(1) For proper administration of a service, cadre or grade, the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or grade to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or grade, as the case may be.

(2) Subject to the provisions of subsection (1), the seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same service or grade whether serving in the same Department or office or not, as may be prescribed.

(3) Seniority on initial appointment to a service, grade, or post shall be determined as may be prescribed.

(4) Seniority in the grade to which a civil servant is promoted shall take effect from the date of regular appointment to a post in that grade

Provided that civil servants who are selected for promotion to a higher grade in one batch shall, on their promotion to the higher grade, retain their Inter se seniority as in the lower grade."

Although according to the aforesaid section .it is incumbent upon the administration to prepare the seniority list but at the same this section lays down that this does not confer any vested right to a particular seniority in such a service, cadre or grade as the case may be. Thus the vested right with regard to seniority has not been conferred or in other words any such right has been taken away. So the seniority is not the one of the terms and conditions of service. Consequently a civil servant cannot invoke the jurisdiction of this Tribunal to vindicate or establish anything which is not a right. It therefore, follows that by virtue of the aforesaid section the jurisdiction of the Tribunal is barred and no appeal lies under section 4 of the Sind Service Tribunals Act, 1973. In this connection reference may also be made to rule 23 of the Sind Service Tribunal (Procedure) Rules, 1974 which empowers the Full Bench of the Tribunal or some of the Members of the Tribunal to decide certain appeals but it is pertinent to note that in this rule the word "seniority" no where appears. Thus it is plain enough that the Legislature never intended that the question of seniority be agitated before this Tribunal.

In. result we hold that the appeal is not maintainable and is dismissed.

Appeal dismissed.

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