Law:

Section:

Civil service-- ---Seniority--Person appointed as Junior Research Assistant but paid salary against post of Assistant Oil Demonstrator carrying identical scale--Civil Servant shown as Junior Research Assistant in seniority list against a permanent post and on upgradation of that post defendant agreeing to re-post him as Research Assistant and taking steps to adjust him in seniority list of Research Assistants--Civil servant, held, entitled to seniority and pay in cadre of Research Assistant. Rana Abdul Majid for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT The appellant Muhammad Sharif has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has impleaded Government of the Punjab through Secretary, Industries Mineral Development Department, Lahore, Director of Industries & Mineral Development, Punjab Lahore, and Joint Director (Research) Government Industrial Research Laboratory, Lahore as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned order, dated 22-7-1981 be set aside. He has further prayed that his seniority be fixed in the cadre of Research Assistants and in consequential thereof, he be ordered be placed in N.P.S. 16 in the interest of justice. 3. Brief facts of the case are that the appellant was appointed as Junior Research Assistant in the pay scale of Rs.215-15-325. The appellant joined this post on 17-4-1965 but the appellant was paid his salary against the post of Assistant Oil Demonstrator which carried identical scale. However, during this period of service the appellant was shown as Junior Research Assistant on seniority basis which is clear from the seniority list as it stood on 1-7-1969 (Annex. B) wherein the appellant was shown as Jr. Research Assistant, against a permanent post, from 17-4-1965. But, the Department continued to draw the salary of the appellant against the post of Assistant Oil Demonstrator, the grade of which was identical to the post of Jr. Research Assistant. The post of Jr. Research Assistant was re-designated as Research Assistant by the Government and was placed in N.P.S. 10 w.e.f. 1-1-1973. The post of Assistant Oil…

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