Law:

Section:

Punjab Government Servants (War) Amendment Rules, 1943------ -- S. 6-Seniority-Benefit of-Admissible to persons with war service appointed against war reserved vacancies-Assumed date falling between 18-9-1943 and 1-1-1946-Not material-Refusal of benefit on ground that assumed date after counting war service falls after 1-1-1946, held, not in accordance with rules and not sustainable. Muhammad Akhtar Hussain and others v. Government of West Pakistan P L D 1970 S C 146 and Muhammad Ajaib v. Government of Punjab 1973 P L C (C. S. T.) 95 rel. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-----Munir Alam and six others ex-War Servicemen have filed this appeal to claim the benefit of War Service rendered by them. 2. The particulars about the appointments of the appellants in the Board of Revenue and their presumptive dates of appointments after allowing the benefit of War Service, are as under:-- Sr. No. Name of the appellant. Date of appointment in the Deptt. as Jr. Clerk. Presumptive dates of appointments after allowing the benefit of War Service--­ As Jr. Clerk. Sr. Clerk. Asstt. 1 Munir Alam. 19-8-1947 21-3-46 12-10-1950 30-9-1955 2 Abdul Majeed Bajwa. 8-2-1949 24-5-46 28-10-1950 30-9-1955 3 Rao Liaqat Ali Khan. 1-3-1950 11-5-46 1-2-1951 7-1-1956 4 S. Altaf Hussain Jafri 5-11-1949 4-8-46 5-4-1951 7-1-1956 5 Abdul Hameed. 16-11-1950 16-4-47 1-8-1951 7-1-1956 6 Samuel. 23-4-1951 26-6-1947 - - 7 Muhammad Siddiq Rana. 22-6-1949 9-1-1948 - - (appointed as Private Secretary) 3. The above dates were worked out by the Board of Revenue, Punjab, for the purpose of determination of seniority of the appellants by granting the War Service benefits under rule 6 of the Punjab Government Servants (War) Amendment Rules, 1943. It was done in the light of Services, Genl. Admn. and Information Department's instructions contained in their circular No. S(R)73/2-6/65-SO, XIII, dated 13-3-1971, dated 16-1-1968 and letter No. SOR(III) 13-3/71, dated 16.3-1971. 4. The claim of the appellants was rejected by the Senior Member, Board of Revenue, Punjab, vide his order dated 8-11-1974, in the following terms- "In view of the fact that their presumptive dates fall after 1-1-1946, it cannot be presumed…

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