Law:

Section:

. Civil Service-- ---- Seniority-Health Department Official retired under Removal of Service (Special Provisions) Regulation [M. L. R. 114 of 1972] but re-instated by Review Board under Martial Law Order, 1977 [C. M. L. A.'s] No. 23-Name appearing in seniority list of sub­ordinate ministerial cadre remained posted in Special Institutions­--Held, entitled to maintain seniority existing prior to his retirement­---Categorisation of such Official under Special Institution out of suboridinate ministerial cadre, held, misconceived. JUDGMENT ABDUL JABBAR KHAN (CHAIRMAN).-The appellant, Mian Khurshid Ahmad, has filed an appeal against the seniority list (final) of Ministerial Establishment of offices of the Director Health Service, Punjab, Deputy Director Health Services of Divisions, Small-pox Eradication Programme, Drugs Testing Laboratory and Health Equipment & Maintenance Organization, Lahore as it stood on 1-3-1971 and circulated on 26-6-1973 when the appellant was out of service. The appellant has made a grievance that his seniority has been marred by the above seniority list which may be set aside and his seniority restored. 2. The brief facts of the case are that the appellant had the misfortune in his service to be proceeded against under M. L. R. 114 but was re-instated in pursuance of M. L. O. 23 promulgated by the Chief Martial Law Administrator on the recommendation of the Review Board by the Chief Secretary to Government of Punjab. He was posted to Samli Sanatorium as Head Clerk in N. P. S. 10 (the same scale he was holding at the time of his compulsory retirement) by the Director Health Services, Punjab and thus joined on 18-2-1978 at that place. The appellant was put on special report pertaining to his work and conduct and after completion of the same he was recommended for promotion by the District Health Officer, Vehari. The same officer had recommended his case for promotion even earlier, i.e. July 1978 against a vacant post in the Communicable Disease Control Programme, a section under the control of the District Health Officer, Vehari, which post was in N. P. S. 16. 3. Sh. Mohd. Shafi Anwar, Head Clerk, Mental Hospital, Lahore, Mr. S. F. A.…

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