Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Punjab Civil Servants Act (VIII of 1974), S.21----Punjab Government Rules of Business, 1974, R. 11 and Sched. III--Seniority matter--Order passed by Secretary to Government in concerned Department challenged before Tribunal--Objection that right of representation to next higher authority, having not been availed of appeal before Tribunal was not competent--Matter not required to be placed before Governor under Punjab Government Rules of Business, 1974--Impugned order, held, was final and objection of absence of right of representation to next higher authority was overruled. (b) Punjab Service Tribunals Act (IX of 1974)----- ---S. 4--Limitation Act (IX of 1908), S. 5--Appeal before Tribunal-­Limitation--'A' claiming seniority over 'B' and 'C'--During pendency of appeal before Tribunal Government informing Tribunal that claim of 'A' had been accepted--Tribunal holding that grievance of 'A' had been redressed, therefore, appeal of 'A' became in-fructuous and announced in presence of parties in open Court--'B' and 'C' not challenging order of Tribunal before appropriate forum and coming up in appeal before Tribunal after about one year against their seniority so fixed below 'A'--No application for condonation of delay made--Appeal, in circumstances, held, was time-barred and liable to dismissal. 1984 Y L C (C.S.) 261; 1976 P L C(C.S.T.) 15(2); 1980 P L C (C.S.) 238 and 1980 P L C (65) 555 rel. (c) Civil Service Rules. Punjab- ---Vol. I, Part I, R. 2--Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.2 (b)--Cadre--Functional unit-­Posts sanctioned together, held, would constitute a separate unit--Posts of Deputy Directors sanctioned by single sanction order of Industries and Mineral Development--Deputy Director Mineral Development, in circumstances, held, at par in status of cadre with Deputy Directors Industries and they would belong to combined seniority list. (d) Civil service-- ---Seniority--Person on surplus pool not absorbed in different Department but continuously working in parent department without any break, held, would not loose his seniority and would not be considered as…

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