Through this writ petition the petitioners have called in question the final seniority list dated 1.8.1998 notified by Respondent No, 3.
2. Relevant facts giving rise to this writ petition are that petitioners and Respondents Nos, 4 to 46 were appointed as Junior Clerks in the Board of Intermediate & Secondary Education, Dera Ghazi Khan, subject to qualifying typing test, during the period from 1989 to 1991. In the year 1993, sixty-six more Junior Clerks were appointed and typing tests were conducted from time to time for their regularization. On 2.5.1997 a consolidated tentative seniority list was notified by Respondents Nos, 1 to 3. Dissatisfied with their seniority reflected in that list, the petitioners submitted applications to Respondent No, 2 with the prayer that the seniority list be prepared afresh in the light of observations of the Audit Officer of the Board that the appointment of Clerks would be considered regular from the date they qualified the typing test for the purposes of selection grade. Their applications, however, did not find favour and were filed on 26.6.1997. Feeling aggrieved, the petitioners filed W.P. No, 5731/97 which was dismissed as withdrawn vide order dated 14.9.1998, in view of the parawise comments submitted by Respondents Nos, 1 to 3 that they had already issued the final seniority list. Thereafter the petitioners submitted their representation before Respondents Nos, 1 to 3 which was also dismissed. Therefore, they filed the present writ petition. In their parawise comments, Respondents Nos, 1 to 3 submitted that the final seniority list has been prepared keeping in view the objections of the Audit Officer dated 21.4.1994 and 5.5.1994 and no irregularity has been committed in this regard.
3. To substantiate their contentions, the petitioners have annexed with the writ petition two seniority lists, one of Senior Clerks issued vide Notification No, 860/Estt. Dated 1.8.1998 and the other relating to Junior Clerks bearing Notification No, 862/Estt. Dated 1.8.1998. In the seniority list of Senior Clerks, the date of appointment as well as date of promotion have been mentioned against each incumbent, but in the seniority list of Junior Clerks, only dates of appointment have been mentioned. The dates on which different Junior Clerks qualified the typing test have not been mentioned in this list and it appears to have been prepared on the basis of their dates of appointment.
4. It is settled law that the seniority of a civil servant under the Civil Servants (Seniority) Rules, 1993 is reckoned from the date of his regular appointment. The candidates among the petitioners and Respondents Nos, 4 to 46 were appointed subject to the condition of qualifying the typing test within a specified period which was extended from time to time. It is thus quite evident that the petitioners as well as Respondents Nos, 4 to 46 qualified the typing tests on different dates and their seniority was to be fixed from the dates on which they qualified the requisite test.
5. For the foregoing reasons allowing this writ petition, seniority list of the Junior Clerks bearing Notification No, 862/Estt. Dated 1.8.1998 is set aside and Respondents Nos, 1 to 3 are directed to reconsider the seniority of petitioners qua Respondents Nos,4 to 46 in the light of the above observations. Disposed of accordingly.