Law: Balochistan Civil Servants Act, (IX of 1974)

Section: 7, 8

Law: Constitution of Pakistan, 1973

Section: 212(2)

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 3,4

Civil Servants Act (VIII of 1974) Ss. 7 & 8 read with Constitution of Pakistan (1973), Art. 212(2) and Punjab Service Tribunals Act (IX of 1974), Ss. 3 & 4 --Jurisdiction-Seniority and promotion of civil servant being terms and conditions of his service, Administrative Tribunal, held, possessed exclusive jurisdiction to hear disputes in such matters. Date of hearing : 12th May, 1979.                                                                                                               JUDGMENT MUHAMMAD AKRAM, J.-This is a petition for special leave from a revisional order dated 28th of February, 1979 passed by a learned Judge of the Lahore High Court at Lahore arising out of a suit filed by the present petitioner against the respondent herein in a service matter under the Punjab Government. 2. The relevant facts in brief are that the petitioner was appointed as Research Assistant Grade III on the 6th of August 1954, in the Directorate Land Reclamation of the Government of Punjab. Afterwards, on the 6th of April, 1960, he was promoted as Assistant Research Officer on the basis of seniority and merit for six months on ad hoc basis. Subsequently, however the Punjab Public Service Commission promoted one Mr. Zakria to the post. The petitioner made representation against it to the Public Service Commission which was partially accepted and the Commission directed the Department to send a fresh proposal alongwith the seniority list of the Directorate Land Reclamation with retrospective effect from 1960. In furnishing the seniority list Niamatullah Khan and Abdur Rahim (defendants Nos. 2 and 3) were shown as seniors to the petitioner by the Department, although, according to him, both of them had lost their lien in the Directorate. The petitioner therefore, made a representation against it and also filed his appeal but without any success. . 3. In these circumstances he then filed a…