Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--S. 7---Seniority---Seniority is a vested right of a civil servant in Punjab. Dr. Ahmad Suleman v. Dr. Naeem and 5 others PLD 1997 SC 382 distinguished. Dr. Sabir Zameer Siddiqui v. Abdul Malik and 4 others PLD 1991 SC 226 fol. Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others 1991 SCMR 1129; Muhammad Anis v. Abdul Haseeb PLD 1994 SC 539 and Muhammad Iqbal Khokhar and 3 others v. The Government of the Punjab through the Secretary to Government of the Punjab, Lahore and 2 others PLD 1991 SC 35 ref. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J.---The facts of the case as also the points on which leave was granted by this Court on 8-11-1995 are being reproduced, verbatim, therefrom:-- The petitioner is seeking leave to appeal against' the order of the Service Tribunal, dated 27-2-1995 whereby the Tribunal while disposing of the service appeal of respondent No. l made the following observation:------- "The appeal is allowed. The appellant is declared to be entitled to be promoted as officiating S.I. from 4-4-1977 also confirmed as such from the same date; as Inspector from 30-3-1981, and as D.S.P. from 9-9-1987/14-10-1987. These were the dates when his next junior was given those promotions and therefore, that event entitles him to get those very promotions from those very dates." The learned counsel for the petitioner contends that the above observation made by the learned Tribunal while disposing of appeal of respondent No. l amounts to giving a direction to the department to promote respondent No. 1, which was outside the scope of jurisdiction of the Tribunal Act. The contention requires examination and, we, accordingly, grant leave to appeal to consider the same. 2. After going through the leave granting order and the two authorities of this Court in the cases of Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others (1991_ SCMR 1129) and Muhammad Anis (PLD 1994 SC 39) we had orally announced the order whereby the judgment of the Service Tribunal was set aside and the appeal was partly allowed with the observation that the impugned directions issued by the Tribunal for the promotion of respondent No. l from certain…

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