Law:

Section:

Martial Law Order, 1977 (C. M. L.A's.)- ---No. 23-Review of cafes of retirement under M. L. R. (1972) No. 114-Seniority-Determination of seniority after re-instatement­-Rules framed by Governor, held, would hold field in case of emp­loyees of Provincial Government-Memorandum dated 5-7-1978 from Establishment Division, Government of Pakistan containing self-cont­radictory decisions on question of seniority, held, would not over­ride provisions of rules-Person senior in lower grade will continue to be senior in higher grade also irrespective of his date of promotion in higher grade unless established to have been suspended by his juniors-M. L. O. No. 23 concerned only with re-instatement and does not speak of fixation of seniority-Contention that appeal before Service Tribunal by an Officer claiming proper seniority after his re-instatement under M. L. 0. No. 23 was his under provisions of Provisional Constitution Order, 1981, repelled-Tehsildar consi­dered and recommended for promotion as Extra-Assistant Commis­sioner-Retired under M. L. R. No. 114 before his promotion could be made and his juniors recommended alongwith him by Service Commission promoted after his retirement-On re-instatement under M. L. O. No. 23, such official, held, not entitled to his due place in cadre of Tehsildars but also to be placed above his juniors in cadre of Extra-Assistant Commissioners after promotion to such cadre irrespective of date of his such promotion. P L D 1961 S C 166 and 1981 P L C (C. S.) 422 ref. Masud Ahmad Riaz for Appellants. Tolib Hussain Awan for Respondents. Haroon-ur-Rashid Cheema, District Attorney for the State. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Syed Kabir Hussain Shah and Bashir Ahmad Kamlana both Extra-Assistant Commissioners, have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974, in which they have impleaded Secretary to Government of the Punjab, S. G. A. & I. Department, Member (Revenue), Board of Revenue, Punjab and other E. A. Cs. as per lists Annexure 'A' as respondents. 2. By virtue of these appeals, they have prayed that the impugned Seniorty list and impugned orders dated 12-6-1980 and 2-3-`1981 be set aside…

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