Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Punjab Service Tribunals Procedure Rules, 1975, r. 7--Appeal before Tribunal--Impleading of parties--Persons likely to be affected directly by result of appeal not impleaded--Appeal, held, not maintainable due to violation of mandatory provisions of r.7. (b) Civil service -- ---Government business--Head of Department cannot be stopped from interfering with orders of Subordinate when found arbitrary and affecting vested rights of persons--Bifurcation of Highways Department in two Zones--Secretary Communication and Works Department laying down "Rational Basis" for distribution of Staff into Zones to ensure that each Zone gets equal share of Senior and Junior persons--Chief Engineer passing re-allocation order in violation of such formula--Secretary, in circumstances, held, fully competent to change decision of Chief Engineer (Subordinate) on representation of affected person. Muhammad Aslam Virk for Appellant. District Attorney for Respondent. Date of hearing: 27th April, 1984. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Rana Amanat Ali, Budget and Accounts Officer, office of Chief Engineer Highways, North Zone, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against order dated 29-3-1984, whereby Mahmoodul Hassan Mirza, Administrative Officer, South Zone Highways Department, has been transferred to North Zone and order dated 1-4-1984 whereby the said Mahmoodul Hassan Mirza has been posted as Administrative Officer in North Zone resulting in reversion of the appellant as Assistant Accounts Officer. The appellant has impleaded Government of the Punjab through Secretary to Government of the Punjab, Communication and Works Department, Lahore, as respondent. 2. By virtue of this appeal, he has prayed that the impugned order which amounts to an appointment without authority, being illegal, void and inoperative, may be set aside and the appeal be accepted. 3. Brief facts of the case are that the Highways Department was bifurcated into two Zones i.e. North Zone and South Zone vide order dated 28-11-1982. In order to distribute the clerical staff of the former Highways…

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