Law:

Section:

(a) Civil service-- --- Relaxation of rules--Effect--Person promoted to higher post in relaxation of rules, held, would enjoy same status alongwith his promotee colleagues and would not be considered a person with lesser qualities-­Seniority of such person would be reckoned, on basis of inter se seniority in next below grade. (b) Civil service-- --- Reinstatement to service--Effect--Civil servant retired compulsorily pursuant to disciplinary proceedings for alleged misconduct--Service Tribunal coming to conclusion that alleged misconduct not proved awarding re-instatement with full back benefits by treating intervening period as duty--No stigma, in circumstances, held, could be attached to record of such civil servant on account of such allegations and fact of compulsory retirement--Plea that earlier calamity which was later redressed would always stand in his way for purpose of promotion and seniority--Repelled--Person senior in lower grade would always stand senior to his juniors in higher grade if not superseded after considering his case alongwith juniors. Ch. Mushtaq Masood for Appellant. Haroonur Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Ch. Sardar Ahmed Zia has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Government of the Punjab through chief Secretary Punjab, Lahore as well as a large number of respondents 41 given at Annexure 'AA' alongwith his appeal. 2. BY virtue of this appeal he has prayed that seniority list be amended and the order dated 26-8-1981, by which his representation has been turned down, be set aside. 3. Brief facts of the case are that the appellant appeared at serial No. 269 in the seniority list of Tehsildars, as corrected up to 12-6-1971. The case of appellant was duly processed by the Board of Revenue Punjab and was sent to Government for further transmission to the Public Service Commission, alongwith others, to be placed on the select list A for promotion to the P.C.S Executive Branch. The case of the appellant alongwith other Tehsildars was duly scrutinized and the case of the appellant considered by the Public Service…

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