' M. SALEM CHAUDHRY (CHA1RMAN).-Muhammad Afzal, Forestor, has filed this appeal against the order of Chief Conservator of Forests, Lahore, dated 10th January, 1979, addressed to the Commissioner of Forests, Sargodha, advising him to set aside his office order No, 190/SC, dated 22nd February, 1977 and to review the position of the concerned Forest Guards and refix their seniority.
2. The facts of the case are that Mr. Afzal was recruited as a Forest Guard in 1954 in the T. D. A. And posted in Fatehpur Range, Leiah Forest Division, Mianwali Forest Division was created and taken over by the Forest Department. Mr. Afzal alongwith other Forest Guards joined that Division in 1958.
In 1961 the Bhakkar Forest Division was created and Mr. Afzal who was a resident of a place near Bhakkar, requested for transfer to Bhakkar Forest Division. He was transferred in 1964. Mr. Afzal has been considered as a Government servant since 1958. In 1973 a seniority list was issued showing the appellant as being in Government service since 1958. In 1976 another seniority list was issued which made certain changes in the seniority. Mr. Afzal represented against this seniority list before the Conservator of Forests, Sargodha. His representation was accepted. Certain representations were then made before the Chief Conservator of Forests against this order of the Conservator which were accepted, The Chief Conservator of Forests advised the Conservator of Forests, Sargodha, to set aside the office orders mentioned above and review the seniority position. The main contention of the appellant is that the seniority issued in 1973 was never challenged and is, therefore, conclusive. The Chief Conservator of Forests is not competent to review the seniority shown therein. The Delegation of Powers Rules have been perused and no appeal lies to the Chief Conservator of Forests against the orders of the Conservator of Forests fixing the seniority. The Chief Conservator of Forests in any case should have issued a notice to all these officials whose seniority he was going to review and finally upset before issuing the directions to the Conservator.
For the reasons given above the appeal is accepted and the orders/directions of the Chief Conservator of Forests dated 10th January, 1979 are set aside.