Law:

Section:

West Pakistan Water and Power Development Authority (Water Wing.) Scientific Service (Officers) Rules, 1970- -- Rr.5 & 9-Seniority-Determinable in different cadres-Junior Research Offlcec-Metb9d of appointment-By promotion from those holding post of Senior Research Assistant-A promoted as junior Research Officer-B belonging to Geological Branch joining as Geologist-B subsequently re-designated as Junior Research officer and placed above A-B never worked as Senior Research Assistant hence not eligible for promotion as junior Research Officer, in circumstances; held, could not be placed above Syed Jamshed Ali for Appellant. Ehsan Jan for Respondents. Date of hearing: 8th December, 1983. JUDGMENT A. O. RAZIUR RAHMAN (MEMBER).-This appeal is against the order of Member (Water) WAPDA, dated 5th August, 1980, rejecting, the re­presentation of the Appellant against the fixation of his seniority. The Appellant came in appeal before this Tribunal on 3rd September; 1980. The appeal was admitted, after preliminary bearing, on 32nd September, 1980 and, after regular hearing on 8th December, 1982 it is being disposed of by this order. 2. The case of the Appellant is that, having joined the service of WAPDA on 29th January, 1958, on work-charged basis as Research Assistant and his service having been regularised as Junior Research Assistant on 25th April, 1960, he was promoted as Senior Research Assistant on 20th March, 1961 and later as Junior Research Officer on 14th November, 1974. He continues to hold this post till date, in the Research Branch of the Water Wing of WAPDA. Respondent No. 2 who joined the service of WAPDA on 18th May, 1962 as Junior Research Assistant, continued as such till he was selected and appointed as Junior Geologist in the Geological Branch of the Water Wing. However, on 12th July, 1976, respondent No. 1 accorded approval to the change of designation of respondent No. 2 retrospectively, with effect from 22nd October, 1974, from Geologist to that of Junior Research Officer, thus changing his cadre from that of Geological Branch to that of Research Branch. Later, he published a seniority list, in which Respondent No. 2 was shown at serial 5 of…

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