Law:

Section:

(a) West Pakistan Civil Services (Appellate Tribunals) Ordi nance (XVIII of 1969), S. 9(3)-Seniority-Jurisdiction of civil Court-Proceedings pertaining to matters of seniority pending before civil Court-Abated on promulgation of Ordinance-Order of civil Court in such matters passed after 4th November 1969-Without legal effect and can be ignored as non-existent - Provisions of Ordinance not effective with retrospective effect, hence orders/decrees paused by civil Court prior to such date, held, binding. (b) Civil service-Selection grade--To be granted on assessment of merit by competent authority and not on seniority alone Competent authority can not be directed by Court to grant selection grade. Province of Bengal v. Harsha Nath Bhattacharjee P L D 1954 Dacca 57 rel. ORDER S. A. MAHMOOD (CHAIRMAN).-This is an appeal under sections 4 and 9 of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970, whereby Khan Riaz Liaqat, Farooq Ahmad, Mir Qamaruddin, Munawar Din, Sh. Imtiaz Ali Khan, Malik Ghulam Haider, Mohsin Sardar Muhammad, Muhammad Gulzar Bhatti, Gulzar Ahmad Malik, Muhammad Saeed Akhtar and Muhammad Ali Zamir, appellants claim the following reliefs :- (a) That respondents Nos. 1 and 2 namely the Province of the Punjab and director of Education, Lahore Region may be directed to restore the appellants to their original positions as shown in the seniority list dated 1-5-1960 in the Subordinate Education Service cadre without taking into effect the illegal orders of the Senior Civil Judge, Bahawalpur, which were passed without lawful authority, in view of the provisions of West Pakistan Civil Service (Appellate Tribunals) Ordinance, 1969; (b) that respondents 1 and 2 be directed to give all benefits to the appellants, which could have accrued to them, bad the p illegal orders by the Senior Civil Judge made on 16-1-1970 not been given effect to, and (c) any other relief to which the appellants may be found entitled by this Tribunal. The appellants of whom Nos. 1, 8 and 9 were present, were represented before us by Mr. Fazal Karim, Advocate Respondents 1 and 2 were represented by Mr. A. G. Humayuns, Govt. Pleader, Mr. Asghar Ali and Shakoorullah,…