Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--West Pakistan Irrigation Department Industrial Service (Regional Offices) Rules, 1962, R.9(b)--Punjab' Civil-Servants (Appointment and Conditions of Service) Rules, ' 1974, R.8(b)--Seniority, determination of--Seniority, held, would have to be determined in accordance with reference to dates of continuous appointment in a grade. (b) Civil service---- ---Seniority--Maxim: audi alteram partem--Scope of--Second seniority list preferred by Department against decision of appellate Tribunal as well as against fundamental principle of audi alteram partem--If change in seniority list was necessitated, Authority doing so would be required to hear affected persons who had established their seniority through Appellate Tribunal as well as by order of competent Authority. (c) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Appellate jurisdiction, exercise of--Seniority list prepared against decision of Appellate Tribunal and without hearing affected persons was set aside by Service Tribunal in appellate jurisdiction. Haji Mushtaq Ahmad and Aqil for Appellant. A.G. Humayun, District Attorney for Respondents. Date of hearing: 2nd November, 1985. JUDGMENT Messrs Qadir Bakhah and Muhammad Boota have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974, in which an Appeal No. 372/335 of 1983, Qadir Bakhsh has impleaded Chief Engineer, Irrigation, Mqltan Region, Multan, Superintending Engineer Headquarters, Irrigation, Multan Region, Multan and Messrs Habib Ullah, Muhammad Bashir, Muhammad Nawaz, Maqbool Ahmad, Muhammad Aslam, Ghulam Yasin and Muhammad Khalil, all Assistant of the office of the Chief Engineer, Irrigation, Multan Region, Multan, as respondents and in Appeal No. 370/333 of 1983, Muhammad Boota has impleaded Chief Engineer, Irrigation, Multan Region, Multan, Superintending Engineer, Headquarters, Irrigation, Multan Region, Multan and Messrs Ghulam Hassan Bhatti, Muhammad Ramzan, Abdul Hamid, Munawar Ahmad, all Assistants and Iqbal Hussain, Senior Clerk, Office of the Chief Engineer, Irrigation, Multan Region, Multan, as respondents. 2. By virtue of these appeals both the…

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