Case Details

Citation(s)
1988 SLG 450 1988 SLD 450 1988 PLC 99
Service Tribunal, Punjab
Cases No.754/428 and 755/429 of 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN ABDUL HAMID CHAUDHRY ANDMIAN FAIZ KARIM, MEMBERS
Ch. Mushtaq Masood for Appellants. A.G. Humayun, District Attorney for
Respondents.

ABDUR REHMAN and another

VS

ARIF HUSSAIN and 6 others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Seniority--Valuable right--Seniority position admittedly based on merit assigned by selection authority remaining operative through Seniority lists for 17 years--Upsetting of such seniority position on basis of age without show-cause notice, to those placed senior in seniority list, not approved by Service Tribunal--Held: (1) nobody could be condemned un-heard and principle of audi alteram partem was fully attracted (ii) respondents having accepted their position for 17 years could not go back due to their own act of acquiescence and rule of estopple would be fully applicable against them (iii) Department could not be allowed to change an established position by over night decision placing reliance on a paper without sanctity of its origin: (iv) Seniority list having attained finality and accepted without demur would stand. JUDGMENT S.ABDUL JABBAR KHAN (CHAIRMAN).--M/s. Abdur Rehman and Arif Hussain, Zilladars, have filed these appeals a/s 4 of the Punjab Service Tribunals Act,1974, in which appellant Abdul Rehman has impleaded the Chief Engineer Irrigation, Faisalabad Zone, Faisalabad, Senior Most Staff Officer Irrigation, Faisalabad Zone, Faisalabad, M/s. Munir Ahmad Khan, Muhammad Aslam Shaheen, Saidur Rehman and Umar Hayat as respondents and appellant Arif Hussain has impleaded Chief Engineer Irrigation, Faisalabad Zone, Faisalabad, Senior Most Staff Officer, Irrigation, Faisalabad Zone, Faisalabad, and M/s. Munir Ahmad Khan, Muhammad Aslam Shaheen, Saidur Rehman, Umar Hayat and Abdur Rehman, as respondents. 2. By virtue of these appeals both the appellants have prayed that the impugned seniority list dated 6-7-1985 (Annex A/11) by which they have been relegated in their position of seniority and the order dated 4-11-1985 passed by the Chief Engineer Irrigation, Faisalabad Zone, Faisalabad (Respondent No.l) may be set aside and appellants be ordered to be placed senior to respondents Nos.3 to 6 in the said impugned seniority list. 3. As the point of law and facts involved in these appeals are identical in nature, therefore, we will dispose of these two appeals by our this single judgment. 4. Brief facts of…
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