| Citation(s) |
|---|
| 1971 SLG 3106 1971 SLD 3106 = 1971 PLC 16 |
Punjab High Court
Case No. 241/105 of 1970, decided on 30th December 1970.
Presented By: S. A. Mahmood, Chairman, Bashir Ahmad Khan and Ashfaq Ali Khan, Members
Case No. 241/105 of 1970, decided on 30th December 1970.
Presented By: S. A. Mahmood, Chairman, Bashir Ahmad Khan and Ashfaq Ali Khan, Members
A. D. NASIR
VERSUS
GOVERNMENT OF WEST PAKISTAN, THROUGH SECRETARY, IRRIGATION AND POWER DEPARTMENT, LAHORE AND 2 OTHERS
Law:
Section:
Civil service-Seniority-Integration of Punjab and Bahawal pur Officers-Expression "continuous appointment" used in para.14 of Integration Circular Letter No. 871-Integ-5514471 dated 25th November 1955-Means date of actual taking over and not merely date of appointment order/offer-A ranking senior to B in pre -integration seniority list of Punjab by virtue of pre-integration Punjab Rules-A, however, being placed junior to C an employee of Bahawalpur State on basis of continuous appointment according to principles of para.14, Integration Circular dated 25th - November 1955-"B", though having continuous appointment prior to that of held, would rank junior to C as his seniority obtaining prior to integration vis-a-vis A has to be maintained intact and A being senior to B in pre-integration seniority list will control seniority of B thus placing him junior to A as, Well as to C who gained seniority above A due to continuous appointment. ORDER S. A. MAHMOOD (CHAIRMAN). This is an appeal by Mr. A. D. Nasir, Executive- Engineer (Irrigation) now Section Officer, of the Secretary, Irrigation and Power Department, Govern ment of the Punjab, Lahore, under section 4 (1) of the West Pakistan Civil Services (Appellate Tribunal) Ordinance, 1969, by which he seeks to establish his seniority over respondents M/s. Shah Muhammad and Ghulam Sarwar Rais, who are also Executive Engineers posted at Gujranwala and Sheikhupura respectively and originally belonged to the Bahawalpur State Service of Engineers. Mr. A. D. Nasir is present alongwith Mr. Pervaiz Akhtar, Mr. Ghulam Sarwar Rais and Mr. Shah Muhammad and Mr. Muhammad Khalil Qureshi, Section Officer, Irrigation & Power Department for Government of the Punjab, respondent No. 1 and Mr. Manzoor Ali Qureshi, Supdt. Punjab Public Service Commission, on behalf of the Public Service Commission, respon dent No. 2 appeared before us. The appellant, claims seniority over respondents Nos. 3 and 4 on the basis of earlier order of appointment, and thus being senior to them as Assistant Engineers, he also claims to be senior to them in the rank of Executive Engineer officiating. Briefly stated the facts are that…