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Service Tribunals Act (LXX of 1973)-------S.4---Civil Servants Act (LXXI of 1973), S.22---Appeal---Competency--­Appeal filed before Service Tribunal without first filing departmental appeal or representation, was incompetent. Muhammad Siddiq Mughal for Appellant. Samiullah Khan for Respondents Nos.l, 2, and 3 with Raja Faizul Hasan, Director, Law and Miraj Din Deputy Director. Munawar Ahmad Javed for Respondent No.4. Date of hearing: 22nd February, 1999. JUDGMENT SYED MUHAMMAD ZAFAR BABAR (MEMBER).----The appellant as Assistant Director-General in the Employees Old-Age Benefits Institution (EOBI), Zonal Office, Gujranwala feels aggrieved of the decision of the Departmental Appellate Committee, dated 20-12-1997 incorporated in Office Order No.38 of 1998, February, 1998 whereby the earlier decision of the Appellate Committee taken on 12th April, 1997 and 20th May, 1997 wherein the seniority of the appellant was fixed above Mr. Abdul Hameed Choudhry, respondent No.4, was suspended. The appellant also feels aggrieved of the Office Order No.43 of 1998, dated 13th February, 1998, which reads as under:-- "In pursuance of the decision of the Appellate Committee of the Board taken on 20th December, 1997 the existing seniority rules guidelines/regulations, etc. notified by the institution under its Circular No.99, dated 12th February, 1981 shall continue to remain in force till such time the new rules are framed. " 2: Through this appeal under section 22 of the Civil Servants Act, 1973 the appellant prayed that his appeal be accepted and the impugned order, dated 20-12-1997 be quashed and, its operation be suspended and the respondent be directed not to interfere into the seniority as determined by order, dated 12-4-1997 and confirmed vide order, dated 20-5-1997. 3. We have heard the arguments of the counsel appearing for the parties and also gone through the record. 4. The record shows that the appellant challenge the impugned office order, dated 6-2-1998 before the Lahore High Court, Lahore in Writ Petition No.2154 of 1998 which was dismissed on 11-2-1998 whereafter the appellant filed an Intra-Court Appeal No. 89 of 1998 which was withdrawn on 27-4-1998. The present…

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