SHAFIUR RAHMAN, J: --The petitioner has taken exception to para. 10 of the judgment on the ground that if his selection and that of Dr. Muhammad Abdul Haque (respondent No.3) is taken to be one, then the petitioner cannot be relegated in seniority simply because he took over the charge late because it was the department which delayed relieving him. Besides, according to him, the general principle of `older-in-age' should have been given effect to.
2. In the first place, both the contestants being direct recruits through Public Service Commission, the Commission was required to assign them merit and that merit was to hold good irrespective of the date they took over. That having not been done, there remains no other principle to guide except the one laid down in the case of Khushi Muhammad and 3 others v. The General Manager (now Vice-Chairman), Pakistan Western Railway and 27 others PLD 1970 SC 203. The older in age formula will apply only when the two had taken over on the same date.
3. There is no merit in the submissions. Review is dismissed.