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BAHADUR SHAH versus SECRETARY MINISTRY OF COMMUNICATION ISLAMABAD


Civil Servants Act 1973 Section 12A Service Tribunals Act (LXX of 1973), the effect of the implementation of section 4 appeal, the Civil Servants Act on the seniority of persons who were directly appointed to positions on public recommendation. Service Commission respondents were previously appointed directly to the Prime Minister's posts. Subsequently, after the implementation of Section 12A in the Civil Servants Act, 1973, the matters of such appointments were forwarded to the Public Service Commission to decide their eligibility for these positions. Respondents were recommended in advance of the recommendations made by the Commission in relation to the respondents. Respondents were appointed prematurely for appellants. The opinion was that their case had been proposed by the Public Service Commission before the respondents. The first order of seniority competent was approved long before the Commission's recommendations and this order would have been in force if the reference to the Public Service Commission was not filed as a result of the scrutiny of respondents after Section 12A of the Civil Servants Act. On the other hand, the appointment of the respondents by the competent authority cannot be changed. Only work that was expected of the Public Service Commission would either approve or disapprove respondents, the Public Service Commission was not eligible for matters arising out of Section 12A, the Civil Servants Act. In 1973, to give any appreciation to seniority, other employees had already approved it, the appointment of the Prime Minister without consulting the Public Service Commission was not illegal and against a public servant. Section 12A, any law before the implementation of civil

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