Law:

Section:

Civil service- --- Seniority--surplus/repatriated staff absorbed against permanent posts upgraded for them--No protest lodged by appellants against such appointments and conditional promotions accepted Subsequent fixation of seniority resulted in reversion of appellants--Order challenged before Tribunal--Held, period of service rendered in parent department cannot be ignored--Appellants not entitled to challenge condition prerequisite for their promotion. 1971 P L C 186; 1976 P L C 86; 1975 P L C 1 and 1974 P L C 5 ref. 1973 P L C 114; Moinuddin Ahmad v. I.-G.P. and others Case No. 21/31 of 1972 distinguished. Masud Ahmad Riaz for Appellants. Haroonur Rashid Cheema, District Attorney for Respondent No.l. Ahmad Waheed Khan for the Remaining Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--Messrs Muhammad Yasin, Muhammad Amin, Muhammad Siddique Cheema, Muhammad Sharif Awan and Bashir Ahmad, have filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974 in which they have impleaded Conservator of Forests, Lahore Circle, Lahore, Chief Conservator of Forests, Punjab, Lahore, Messrs Nazir Ahmad, Mohammad Arif Rehman I. Muhammad Nazir Abdul Latif; Akbar Ali Minhas and Sultan Mahmood as respondents. 2. By virtue of this appeal it has been submitted that the seniority list dated 13-11-1980 and consequential orders of reversion, dated 6-7-1981 as well as final order, dated 13-7-1981, be set aside and the appellant be declared as seniors to the contesting respondents, and they also be allowed to continue as Assistants. The appellants have also taken a plea for award of cost of their appeal. 3. Bried facts of the case are that the appellants joined service in the Forest' Department as Junior Clerks and were ultimately promoted as Senior Clerks in 1960. The respondents who were the employees of the Settlement and Rehabilitation Department and some of them were repatriated from Baluchistan were posted as Senior Clerks against the upgraded posts of the Forest Department. In fact the posts in the Forest Department available after the absorption were pasts of Junior Clerks only and substantive in nature. To accommodate the respondents, these posts were…

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