Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- -S. 4 read with Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970, S. 12 (4) - Seniority - Parties and issues involved substantially same Decision by Punjab Civil Services Appellate Tribunal attaining finality - Cannot be reagitated before Service Tribunal - Barred by principle of res judicata - Civil Procedure Code (V of 1908), S. 11. 1981 S C M R 554 rel. P L D 1965 .S C 171 ; AIR 1961 S C 1457 ; 1' L D 1956 Dacca 1 and AIR1960SC941ref. Masud Ahmad Riaz for Appellants. D. M. Awan for Respondents. Haroon-ur-Rashid Cheema, District Attorney for the State. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Messrs Mian Muhammad Hanif. Ahsan Akhtar Mir, Muhammad Khurshid and Aftab Ahmad Khan have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974, against the Seniority/Gradation List in respect of all the officers of Grade-18 and above of the Communication and Works Depart­ment (Highway and Buildings) as it stood on 1-9-1981, whereby the appel­lants have been shown junior to the respondents. Messrs Muhammad Hanif, Ahsan Akhtar Mir and Muhammad Khurshid have impleaded Secretary to Government of the Punjab, Communication and Works Department, Lahore Messrs Muhammad Ashraf Khan, Superintending Engineer (Mechanical) Highway, Lahore and Sardar Ghulam Jaffar Khan, Superintending Engineer Provincial Building Circle, Rawalpindi and 4 to 7 pro forma res­pondents, 4 to 8 pro forma respondents and 4 to (?) pro forma respondents, as respondents while Aftab Ahmad Khan has impleaded Secretary to Government of the Punjab, Communication and Works Department, Lahore Muhammad Ashraf Khan, Superintending Engineer (Mechanical) Highway. Lahore, Sardar Ghulam Jaffar Khali, Superintending Engineer, Provincial Building Circle, Rawalpindi, Manzoor Ahmad, Superintending Engineer on deputation to Lieah Sugar Mills and 5 to 12 pro forma respondents as respondents. 2. By virtue of these appeals they have contended that while deter­mining the seniority of the appellants vis-a-vis contesting respondents, the respondent No. 1 has not kept in view their seniority in Class II. They have also made grievance of the fact…

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