Law:

Section:

Civil service- -- Seniority - Promotee Executive Engineers of Highway and Buildings Department-Date of promotion same-Senior in age to be placed senior. Masud Ahmad Riaz counsel for Appellant. A. G. Humayun District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). Ghulam Samdani, Design, Engineer, Office of the Chief Engineer (Buildings), Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Secretary to Government of the Punjab, Communication and Works Department, Lahore and Messrs Abdul Razziq Khan and Munir Ahmad, Executive Engineers, as respondents. 2. By virtue of this appeal he bas prayed that the impugned seniority list, dated 10th September, 1981 in so far as it relegates the appellant as junior to the contesting respondents may be set aside and he be declared senior to contesting respondents Nos. 2 and 3. 3. Brief facts of the case are that respondent No.1 issued seniority list in respect of Grade 18 officers of Highway and Buildings Department as it stood on 10th September, 1981 in which the appellant was shown at serial No. 15 whereas the contesting respondents Nos. 2 and 3 at serial No. 13 and 14. The appellant has appended a chart showing service particular of these two contesting respondents as well as of the appellant. According to this chart the date of promotion of appellant as officiating Executive Engineer is 13th December, 1969 whereas the dates of promotion of two contesting respondents in that capacity are 13th December, 1969 and 9th January, 1970 respectively. Since the impugned seniority list was issued by the Government no representation was filed against the same and the appellant in this case as well as in large number of other cases filed appeals before this Tribunal directly. Hence this appeal. 4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance. 5. It will be useful to mention here that none of the contesting respondents have contested this case despite the fact that they were duly served with…

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