Law:

Section:

Civil service SeniorityEmployee though entered in service earlier than coemployee, but coemployee was promoted long before himEmployee having not challenged order of promotion of coemployee at proper time, he was not competent to challenge his seniority at later stageSince order of promotion of coemployee was not challenged by employee before a proper forum at proper time, he did not have any locus standi to challenge that promotion order at belated stage. Sardar Rafique Mahmood for Appellant. Ch. Ibrahim Zia for Respondents Nos. 1 and 2. Kh. Muhammad Naseem for Respondent No. 3. JUDGMENT SARDAR MUHAMMAD SAJAWAL KHAN (CHAIRMAN).This is an appeal by Muhammad Inayat Khan, Girdarwar of Revenue Department by which he has impugned the order dated 1711991 made by Commissioner, Settlement. In the aforesaid order, the learned Additional Commissioner, Settlement had upheld the entries of the seniority list of Girdawars published in the year 1989 by the Settlement Officer, Muzaffarabad by which the respondent Muhammad Hussain Kayani was declared senior to the appellant. The appellant has impleaded Additional Commissioner, Settlement, Settlement Officer, Muzaffarabad and Muhammad Hussain Kayani, Girdawar, Settlement Department, Muzaffarabad as respondents for seeking his remedy against them. 2. In the memo of his appeal, it is stated by the appellant that he had joined the service of Revenue Department under the Azad Government of the State of Jammu and Kashmir as Patwari on 2841958 while Muhammad Hussain Kayani respondent No.3 entered in that service much later on 15lo1965. The services of the appellant were borrowed to the Custodian Department by an order dated 1641980 after retaining his lien against the post of Patwari in his parent Department. On 1891980, he was returned to the Revenue Department and was promoted against the post of Girdawar. The respondent No.3 was temporarily promoted on 951973 in the Custodian Department and taking the advantage of his temporary promotion, he was subsequently posted as Girdawar Qanoongo in Leepa on 311979 despite the fact that he had the lien against the post of Patwari in his parent Department and till then his regular promotion…

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