Law:

Section:

(a) Civil services- -- Promotion-Government competent to assign date of promotion with retrospective effect-Post dating of promotion from that of actual date of promotion, however, not permissible. (b) Civil services- -Seniority-Appellants and respondents coming together in same cadre by reorganisation-Inter so seniority of such officials to be determined by date of continuous appointment. ORDER S. A. MAHMOOD (CHAIRMAN).-This is an appeal under section 8(1) of the Punjab Civil Service (Appellate Tribunal) Ordinance, 1970 by Mr. Muhammad Iqbal Farooqi, appellant: who is now officiating as Assistant in the office of the Chief Engineer Irrigation, Lyallpur, praying that he may be declared senior to Messrs Muhammad Islam. Mushtaq Ahmad and Riaz Hussain Shah, respondents Nos. 3-5, that his original seniority may be restored as also the actual date of his pro­motion for purposes of seniority and that he may be granted such other relief as may be deemed fit by the Tribunal. This appeal was accepted by the Tribunal by cur order dated 10th January 1972, but on a Writ Petition filed by Mr. Muhammad Islam respondent No. 3, our order was set aside on the ground that Mr. Bashir Ahmad Khan, learned Member, having expressed his opinion on a relevant question as Deputy Secretary (Regulations), could not sit as a Member of the Tribunal, having been disqualified on the ground of bias, as is understood in law, to hear and decide this appeal. The appeal having been remanded to the Tribunal for fresh decision, this appeal has been heard by the Chairman and one of the Members. Mr. Muhammad Iqbal Farooqi, appellant is present in person. No one appears on behalf of respondent No. 1. Haji Habib-ur-Rehman, Super­intending Engineer (Headquarters), respondent No. 2 is present in person. Mr. Munir Ahmad, Advocate, appears for respondents Nos. 3-5. Respondent No. 3 is present in person also. The seniority in dispute in this case is in the rank of Assistant. Mr. Muhammad Iqbal Farooqi, appellant having been recruited as Junior Clerk, in the Thal Circle of the Irrigation Department at Mianwali on 27-7-47, was confirmed by the Director of Irrigation Research, Lahore from 27-7-49. He was…

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