Seniorty Issues

[Asim888]

Dear fellows please guide me about seniority status rules in federal govt as I am a bps 17 officer in federal govt dept.
It is better to elaborate my issue before asking question. I appeared in FPSC exam under advertisement No F.4.95/2008-R on 14 Oct 2008 and written portion result was announced on 27th Jan 2009.
I passed written portion and called for interview however I passed but my name was put on waiting list .one of the candidates (Punjab Domicile) decided not to join and I was given a chance/offer(Feb 17 2011) which I accepted happily .As I am Punjab domiciled and I joined on 2 March 2011 . My colleagues who passed under same advertisement joined early in order of merit and quota 2010 .
Now I am last to join according to the situation I described above . Now in seniority list my name is not with my group instead my name is set according to the date of joining (2-3-2011) .before my joining office 3 officers from bps 16 were promoted to 17 in January 2011. However whatever the circumstances my right of seniority with my group is disregarded Now what should I do.

All seniors are requested to comment>

[stalking||shadow]

The fee for this legal advice is Rs.1000/- as you are employed gazetted servant and do not qualify for free legal aid. Please P.M me for details how to pay the fee. (Not paying fee will discourage to provide further help to worthy members).

ADVICE:
According to your query the following is explained:

( Civil Servants Act, 1973 , section 2 (h) : "selection authority" means the Federal Public Service Commission....... )

Civil Servants (Seniority) Rules, 1993
2. Seniority on initial appointment.

(1) Persons initially appointed on the recommendations of the selection authority through an earlier open advertisement shall rank senior to those appointed through a subsequent open advertisement.

(2) If two or more persons are recommended in open advertisement by the selection authority, their inter se seniority shall be determined in order of merit assigned by the selection authority.

(3) If only one candidate is recommended in open advertisement by the selection authority, he shall count his seniority from: –
(a) the date of recommendation by the selection authority, if he was already holding the same post on ad-hoc basis.
(b) the date of his joining the post after being recommended by the selection authority if he was not already holding the same post.
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In light of the above as per rule 2 (2) read with your question it is appropriate to state that as you are appointed in consequence of one advertisement with other people then you hold seniority with other people recruited in same advertisement determined inter se upon merit.

Thus your are rightful in claiming seniority with your batch as per merit no. and the joining date does not have any effect on that.


The condition of counting seniority from date of joining falls upon when one person is recruited in lieu of one advertisement.(As per rule 2(3) as stated above)