Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- --S. 4 (1)-(a)-Appeal before Tribunal-Not maintainable before availing of departmental appeal or representation - Appellant aggrieved of reversion due to alleged erroneous fixation of seniority of respondent-Order regarding seniority passed by Appellate Authority - Appellant not making any appeal or representation against impugned order to departmental authority-Appeal before Tribunal, m circumstances, held, premature and not maintainable-­Contention that impugned order having been passed on basis of order of appellate authority right of appeal or representation stood availed, in circumstances, rejected. S. H. M. Rizvi and S others v. Maqsood Ahmad and 6 others P L D 1981 S C 612 rel. Mushtaq Masood for Appellant. A. G. Humayun District Attornery for Respondents Nos, 1, 2 and 4. M. A. Riaz Counsel for Respondent No. 3. JUDGMENT Muhammad Sarfraz has made this appeal under section 4 of the Punjab Service Tribunal Act, 1974 wherein he has impleaded Chief Engineer, Irrigation, Faisalabad Division, Faisalabad, Superintending Engineer, L. L. C: West Circle, Faisalabad, Muhammad Rafiq A. V. C. Qila Ramcery Khanki Division, Hafizabad District Gujranwala, and Superintending Engineer, H. Qr. Chief Engineer Office, Faisalabad, 'as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugn­ed order, dated 6th June, 1983 passed by respondent No. 1 be declared illegal. He has also prayed that the impugned Orders No. 7194-99, dated 3rd July, 1983 and 7188-93, dated 3rd July, 1983 passed by respondent No. 2 be also declared to be illegal and without any legal effect. 3. Brief facts of the case are that the appellant was appointed as Canal Patwari m the year 1968 and was promoted as A. V. C. in the year 1979 to the Lower Chenab Canal West Circle and was further promoted as Vernacular Clerk w. e. f. 28th March, 1983 and was posted as S. D. R. Werh Sub-Division Irrigation Jhang. Muhammad Rafiq, respondent No. 3 was working as an A. V. C. in the SCAR P D D (West). This Circle was wound up in 1979 and he was allocated to L. C. C. West Circle vide Chief Engineer Irrigation, Faisalabad order, dated 10th October, 1979.…

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