Law:

Section:

Civil service­-- - Seniority-A senior to B not promoted though considered while promoting B on basis of better performance and service record-A in circumstances, held, superseded and could not claim seniority over B in higher grade after his promotion to such grade subsequently-Appeal praying for such seniority, in circumstances, rejected by Service Tribunal-Punjab Service Tribunals Act (IX of 1974), S. 4. Ihsanullah Khan Lilla for Appellant. A. G. Humayun District Attorney for Respondents Nos. 1 and 2. Respondent No. 3 in person. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-M. S.. Mushtaq Islamabadi, Assistant Director, Public Relations Department, Government of the Punjab, has made this appeal wherein he has impleaded Director, Public Relations, Punjab, Lahore, Secretary to Government of Punjab SGA&I Department (Information, Culture and Tourism Wing), Lahore and Mr. Muratab Ali Sheikh, Assistant Director, Public Relations, Government of the Punjab, Lahore, as respondents. 2. By virtue of this appeal the appellant has prayed that the seniority list Annexure IP' be amended to the extent that appellant is senior to respondent No. 3. The supersession of respondent No. 3 over the appellant be declared to be illegal and ultra vires and the appellant's seniority be restored at proper place. 3. Brief facts of the case are that the appellant, Mr. M. S. Mushtaq Islamabadi, is serving. in the Public Relations Department. The appellant though senior to respondent No. 3 as Information Officer was ignored for promotion and respondent No., 3 who stood junior to him was promoted as Assistant Director on 10-3-1975. Soon after that the appellant was also promoted as Assistant Director on ad hoc basis on 17-5-1975. As the appellant was also promoted as Assistant Director only after one month and 7 days of the promotion of respondent No. 3 and the fact that the appellant was senior to respondent No. 3 as Information Officer, hence the appellant was required to be shown senior than respondent No. 3. This was brought to the notice-of the Director, Public Relations who assured the appellant that the mistake would be rectified. The appellant also made a representation for the same…

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