' ABDUL QADEER CHAUDHRY, J.---The petitioner's case is that he was appointed as Section Officer on 1-10-1959. He was promoted to Grade 18 on 8-11-1976. He was encadred in O.M.G. On 9-10-1977.
According to the learned counsel for the petitioner, on encadrement in O.M.G. His seniority was governed by rule 12 of the O.M.G. Rules 1975 read with rule 13 of the CSS Rules, 1965. It is contended that in violation of the rules, the Establishment Division has fixed his seniority with effect from 9-10- 1977. He made a representation for determination of his seniority and promotion. It was rejected by the authorities. He filed an appeal before the Federal Service Tribunal which was dismissed on 21- 12-1988. Hence this petition for leave to appeal from the aforesaid judgment of the Federal Service Tribunal.
2. We have heard the learned counsel for the petitioner. The following points of law require determination:--
(i) Whether Rule 12(b)(i) & (ii) of the OMG Rules deal with inter se seniority of various categories and not with the date of start of seniority.
(ii) Whether under rule 13 of the CSS Rules, the petitioner's seniority should start from 1-10-1959, the date of his "continuous appointment" as Section Officer.
(iii) Whether rule 12(b) or 12(c) of the OMG Rules would apply to determine the seniority of the petitioner and if so, from which date he will be considered for the purpose of his seniority.
(iv) Whether the seniority fixed by the department is contrary to OMG Rules read with CSS Rules and violative of proviso to section 23 of the Civil Servants Act.
3. Leave is granted. The appeal to be made ready on the present record with liberty to the parties to file all such additional documents as they may desire.