Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Appeal--Civil Procedure Code (V of 1908), S.11--Res judicata, applicability of--Previous appeal not against seniority list but about upgradation of status--Dismissal of such appeal on point of limitation, held, would not bar subsequent appeal on question of seniority--Principle of- res-judicata would only apply where earlier case had been decided on merits and not on technical ground. Muhammad Saleem and 8 others v. 'Secretary to Government of ` Punjab, Communication and Works Department, Lahore 1984 P L C (C.S.) 834; Saleem Akhtar Bhalli and others v. Secretary, Communication and Works Department and others 19$5 S C M R 950; 1982 S C M R 408 and P L D 1983 S C 344 ref. (b) Civil Services ---- Seniority ---Earlier selectees of public services commission held would be always senior to latter selectees. Masud Ahmad Riaz for Appllants. A.G Humayun District Attorney for Respondent No.1 . Ch. Khurshid Ahmad for respondents Nos. 2 and 3.. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--Messrs Mukhtar Ahmad, Mehr Ghulam Rasool, Noor Muhammad, Malik Muhammad Ibrahim and Abdul Ghafoor Ansari, all Assistant Agricultural Engineers, have filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which they have impleaded the Secretary to Government of the Punjab, Agriculture Department, Lahore, and Messrs Falak Sher Khan, Offg. Agriculture Engineer, Soil Conservation, Rawalpindi, Abdul Salam, Offg. Agriculture Engineer (Research) Faisalabad, Faqir Muhammad, Assistant Agriculture Engineer (Store Verifier), Bahawalpur, Muhammad Yusaf, Assistant Agriculture Engineer (Training), Qaidabad as contesting respondents and Abdul Majid Doggar, Assistant Agriculture Engineer, Bahawalnagar, as pro forma respondent. 2. By virtue of this appeal they have prayed that their appeal be accepted and final seniority list as it stood on 31-5-1984 and circulated on 2-6-1984, be set aside qua the appellants and the contesting respondents. It has been further prayed that the appellants be declared senior to the contesting respondents Nos. 2 to 5. 3. Brief facts of the case are as under: - The appellants joined service as…

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