' The learned Chairman, Provincial Transport Authority, Sind has in the impugned order dated 8-10- 1978 allowed the permit holder of Bus No, 470 and halt there for the night, after making two permissible round trips. He has further directed that if the owner of Bus No, 3184, also chooses to start from Digri and if it is so allowed by the R. A. T. In the time table, he will have to take second position to Bus No, 470. The petitioner Abdul Azz being aggrieved with this order of the Chairman, P.
T. A.,-Sind, has preferred this appeal under section 66 of the West Pakistan Motor Vehicles Ordinance, 1965, read with Rule 96-A of West Pakistan Motor Vehicles Rules, 1969.
2. Heard the counsel for the parties and perused the case papers. It is evident that Bus No, 470 is senior to Bus No, 3184, as the date of issue of route permit of the former Bus is 3-2-1972 and that of the latter is 23-3-1972. The counsel for the petitioner argued that the Bus No, 3184 held route permit from Digri to Hyderabad and, therefore, it should be permitted night halt at Digri and shart in the morning from Digri to Hyderabad. Opponent claimed that he should be allowed night at Digri and start in the morning from Digri to Hyderabad as he was senior to the petitioner and is entitled to this option.
3. Agreed time schedules for service are framed by the operators for the stage carriages on the classified router. In case of disputes, seniority of the buses should be taken into account and time schedule built by the R. T. A. On that and time schedule built by the R. T. A. On that basis alone.
Throwing options to the Bus operators by the Transport Authorities is neither desirable nor proper.
This will cause unavoidable recrimination in the operators on the one hand and give rise to management problems for the transport authorities on the other.
4. In the instant case the classified route is "Hyderabad to Digri" for which the parties hold valid permits. There is dispute between the permit- holders on night halt at Digri which has, therefore, to be resolved by reference to the general principle of seniority. In the circumstances Bus No, 470 which is admittedly senior shall be given first start from starting point i. e. Hyderabad, by night halt at Hyderabad. The second senior Bus i. e. Bus No, 3184 shall have morning starting point from the other end, i. e. Digri, by observing night halt at Digri. This arrangement is in accordance with the guiding pillar of seniority for building time schedules for stage carriages, in case there is dispute.
The round trips, as authorised by their T. A. Shall not be affected.
5. 1 further find that the classified route according to the record of R. T. A. Is "Hyderabad to Digri". It is, therefore, directed that the route mentioned in the permit of Bus No, 3184 belonging to the petitioner Abdul Aziz should be corrected as "Hyderabad to Digri" to avoid confusion. In future route permits should indicate only the classified routes as entered in the official record of the R. T. A.
6. With the above observations I uphold the appeal of the petitioner and set aside the impugned order.