1. S. A. MAHMOOD (CHAIRMAN).-- This is an appeal by Ghulam Rasul Mujahid, who is a J. V. Teacher in Government Primary School in Chak No. 513/E. B., Tehsil Vehari, District Multan. In this appeal he claims seniority over Muhammad Yasin Khan, Barkat Ullah, Ashiq Muhammad, Muhammad Yar, Muhammad Yaqub, Salamat Ali, Ghulam Ali and Ghulam Rasool, respon--dents 3 to 11, who are also J. V. Teachers serving in different Government Primary Schools in the District of Multan. He complains of his being shown at Serial No. 330 of the Gradation List of District Board Teachers of Multan District as on 31st October 1959, while respondents 3 to 11 figure at serial Nos. 319 to 327. He claims seniority over them. The appellant does not claim seniority over Nazir Ahmad had Manzoor Hussain, who are at serial Nos. 328 and 329.
2. The appellant is present in person. Mr. A. G. Humayun, Government Pleader appears with the District Inspector ofSchools, who is also present. None of the other respondents are present. They are absent despite service.
3. We have examined the Gradation List and find no rational basis for the ranking of the appellant and respondents 3 to I1 in the list. No reason is discoverable for placing him junior to respondents 3 to 11. It appears from the particulars given in the gradation list that he joined service on 6-6-1948, but passed the J. V. Examination on 5-8-1948. Respondent No. 3 is shown as having joined service and passed the J. V. Examina--tion on 6-6-1948, but the date of passing the examination appears to be a mistake, as he passed the examination along with the appellant on 5-8-1948. The appellant claims seniority over Muhammad Yasin Khan, respondent No. 3 on the ground that he is older in age.
4. We have not been referred to relevant rules, if any, governing J. V. Teachers, while they were serving under the District Board of Multan. These teachers were taken over by the Government w. e. f. 1-7- 1962 and they became teachers in the Government Primary Schools. For the first time on 1-1-1963 the West Pakistan Education Department Subordinate Service (District Cadre) (Men's Section)
5. Rules, 1962 were enforced, according to which the rule of, seniority is order of merit assigned by the appointing authority, provided that persons selected in the service in an earlier selection, shall rank senior to the persons selected in a later selection. We propose to apply this rule for the determination of inter se seniority of the appellant and respon--dents 3 to 11. On the basis of this rule Ghulam Rasool Mujahid appellant having joined service on 6-6-1948 would rank senior f to respondents 4 to 11 as the latter joined service after him. He would rank 'senior to Muhammad Yasin Khan, respondent No. 3 on the ground of being older in age. The appellant was born on 10-4-1921, while respondent No. 3 was born on 13-9-1928. We, therefore, declare the appellant senior to respondents 3 to 11 and direct that he be shown senior in the seniority list and given all rights and privileges, if any, to which he may be entitled thereby.