Law:

Section:

(a) West Pakistan Service of Civil Engineers (Buildings and Roads) Class II Rules, 1967- -- R. 15 (2), Explanations 1 and III and West Pakistan Service of Civil Engineers (Buildings and Roads) Class I Rules, 1967, r. 15 (2) Explanations I and III-Seniority -Explanations I and III operative and invocable only in case of regular promotions in consultation with Public Service Commission-Temporary Assistant Engineers (Graduates) enjoying, status of Officiating Engineers-Upgraded by General Notification, dated 22nd July, 19'71 to status of Class (Junior)-Inter se seniority of such Engineers-Governable by rule of continuous officiation as Executive Engineer-Seniority list pre­pared on such basis, held, not exceptionable-Earlier appointment made on basis of regional sub-cadre as Officiating Executive Engi­neer, held, not open to attack and date of continuous officiation will remain the determining factor. (b) Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Effect of of previous Tribunals-Res judicata-­Plea not only confined to suits but can be invoked under general principle of law and such principle will apply to decisions given by previous Tribunals-Questions raised in appeal before Tribunal involving same issues decided by Punjab Service Appellate Tribu­nal by speaking -Fresh appeal, in circumstances, hit by dictum of res judicata. Ch. Hamiduddin, Masuddin, Ahmed Riaz and Barjees Nagi for Appellants. D. M. Awan and Raiz Anwar for Respondents. A. G. Humayun, District Attorney for the Government. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Messrs Muhammad Saleem, Muhammad Amin, Muhammad Javed Iqbal Malik, Khurshid Ahmad Malik, Abdul Waheed Farooq, Noor Ahmad Malik, Muzaffar Iqbal Shaikh and Muhammad Abdul Majid and Ghulam Samdani all Officers of the Com­munication and Works Department Government of the Punjab, have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974. They have impleaded Secretary to Government of the Punjab, Communication and Works Department, Lahore and others as respondents which have been mentioned above in their respective appeals. 2. By virtue of these appeals they have prayed that the impugned seniority list, dated…

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