' SAJJAD ALI SHAH, C J.---Petitioners in both these petitions were appointed as Stenotypists and later promoted as Stenographers and claim that in the seniority list of 1989 name of respondent No,5 Ali Ahmad (directly appointed Stenographer) appeared at serial No,21 while names of petitioners Masood Aslam Dar and Jan Muhammad appeared at serial No,15 and 11 respectively.
Subsequently vide Office Order No,1, dated 10-1-1990, the Ministry issued confirmation list with seniority position' mentioned above. Feeling not satisfied respondent No,5 Ali Ahmad challenged the seniority list in Service Appeal No,191 of 1990, which was allowed and the case was remanded to the department for fixation of seniority in the light of 50:50 quota share of direct and promotee stenographers. In compliance the Ministry circulated final seniority list on 3-7-1993 of direct and promotee Stenographer placing respondent No,5 Ali Ahmad at serial No,7 and petitioners Jan Muhammad and Masood Aslam Dar at serial Nos.9 and 14-b respectively. Petitioners have challenged this list unsuccessfully before the department and the Federal Service Tribunal.
2. It is contended before us on behalf of the petitioners firstly that 50% quota of direct and promotee stenographers does not determine among them question of seniority but determines only question of allocation of posts among them. Secondly as per section 8(4) of Civil Servants Act, 1973 promotion takes effect from the date of regular appointment which was earlier in point of time than appointments of direct recruits. Thirdly, in the case of Abdul Rashid and others v. The Secretary, Planning and Development Division, Government of Pakistan and others, reported in 1993 PLC (C.S.) 220 conflict of opinion developed amongst the learned members of the Tribunal and the majority opined that any irregularity in the promotion of civil servants stood condoned and would be deemed to be regularised from the date of his initial promotion. Against the said decision of the Tribunal several petitions were filed in which leave is granted by this Court and those petitions have been converted into Civil Appeals Nos.227/93 to 243/93, which are still pending. Fourthly, appointments of Stenographers are within purview of the Federal Public Service Commission and if such appointments are not made by the Federal Public Service Commission then amongst promotees and direct recruits, one who joins earlier is to be reckoned as senior as it enunciated in the case of Khushi Muhammad v. General Manager, PWR, reported as PLD 1970 SC 203.
3. Leave is granted to examine the record in the light of contentions mentioned above. These appeals may be heard alongwith the bunch of appeals mentioned above.