Railway Establishment Code

Direct recruits appointed in 1977 on basis of Examination of Public Service Commission conducted in 1975 vis-a-vis ad hoc Section Officers inducted to O.M.G. on regular basis in 1977 on qualifying Examination of Public Service Commission

Provisions of Central Secretariat Service (Class I) Rules, 1965 not relevant

Seniority to be determined in accordance with paras. 12(b) (ii) a (iii) of O.M. No. 1/2/75-ARC, dated 27-1-1975

Officers promoted on regular basis in 1977 shall rank senior to those recruited in 1977

Seniority to count from commencement of service and year of clearing examination not relevant.

Ss. 7 (2) (b) & 15-Railway Establishment Code, r. 2044 Constitution of Pakistan (1973), Art. 199-Deducted wages-Railway employee (clerk) - Order of transfer of employee from J to L malicious illegal and tended to destroy his seniority at placing him junior most in same category at L-Orders of transfer set aside by civil Court-Railway Authorities placing employee on leave due and allowing to draw salary accordingly-Railway Authorities making deduction from employee' wages by exercising power under rule 2044- Such power, held, not available to Authority, employee being never dismissed, removed or suspended-Deductions made as such, held, unauthorised apart from being contumacious and in violation of decree by civil Court-Deduction for absence from duty is one where absence of employee voluntary and not where employer prevents employee from performing his duty though employee willing to perform same-Employee not at fault being prevented by Railway Authorities to perform duty-Grant of compensation at four times wages matter within jurisdiction of Payment of Wages Authority and Appellate Labour Court not interfered with by High Court being neither illegal nor perverse but fully justified.