Facts as gathered from the record are that the appellant was appointed as PTC teacher in the year 1976 and was posted at Govt. Primary School Goth Shah Muhammad District Bahawalpur. He joined the duty on 30.8.1976. He had been serving the school Education Department as PTC in different schools at different tehsils including govt. High school 12-BC, Bahawalpur and lastly he was transferred to Govt. High School. Bahawalpur on 6.9.2006 and again transferred and posted in Tehsil Bahawalpur without mentioning in the transfer order that he would be placed at the bottom of the seniority list in Tehsil Bahawalur. The appellant was awarded selection grade in BS-10 w.e.f.
1.7.90 vide order dated 21.11.1993 on account of his seniority in the relevant list maintained in view of regular appointment at District level in which the name of the appellant was placed at Serial No.
58. Prior to 1987 the post of PST was on the strength of 'District' whereafter it was made tehsil specific. A notified seniority list of PST teacher Tehsil Bahawalpur as stood on 1.12.2009 was issued by Dy. DEO MEE, Tehsil Bahawalpur. In the said notified seniority list the name of the appellant was placed at Sr. No. 34. Thereafter, another tentative seniority list was issued as stood on 1.12.2009 in which the name of the appellant was mentioned at Serial No. 539 showing the date as 24.1.2000, the joining in Tehsil Bahawalpur. Feeling aggrieved by this order, whereby the seniority of the appellant was relegated, the appellant filed departmental appeal on 26.5.2011 claiming his due seniority and against the tentative list of PST teachers. When said appeal was not being decided he opted to file a Writ Petition No. 3333/2011 before the honourable Lahore High Court, whereafter his departmental appeal was rejected by DEO (MEE), Bahawalpur vide impugned order dated 2.7.2011, hence this appeal.
2. Arguments heard and record perused.
3. In grounds of appeal the appellant mentioned that he has been serving different tehsils as PTC teacher and posted in Tehsil Bahawalpur through a transfer order in which no condition was placed There is no denial of this fact. There is no denial that the then Dy. DEO (MEE), Bahawalpur issued a notified seniority list of PST teachers as stood on 1.9.2007 in which the appellant, M. Aslam Shahid, was ranked at Serial No, 46, thereafter, the appellant was on account of recommendations of departmental selection committee was granted and awarded selection grade. In the said list his name was at Sr No. 34. The seniority list was being maintained at that time at District level.
Subsequently, the Dy. DEO (MEE), Tehsil Bahawaipur issued fresh seniority list (notified) and the appellant was figured at Sr. No. 34 but subsequently, a disputed and under question a tentative seniority list was issued by the same authority in which the appellant was placed at Sr. 539 as the appellant joined the Tehsil on 24.1.2000 whereas he joined the service on 30.8,1976. This was challenged by the appellant alongwith other teachers but the request was turned down by the DEO
(MEE) Bahawalpur vide impugned order dated 2.7.2011. It appears that the seniority of the appellant was relegated in view of some notification when the department started maintaining the seniority list of PTS teaches at Tehsil level, no evidence was produced by the department to show that the appellant on his own request was transferred to Tehsil Bahawalur while accepting the condition to sit at the bottom in the list of the PST teachers. It is evident that the list of PSTs was being maintained at District Level but subsequently, on account of management of the department the seniority list of the PSTs was directed to be maintained at tehsil level. In this regard, the appellant has no fault on his part to loose his seniority which is always granted in view of Rule 8 of the Punjab Civil Servants (Appointment and Conditions of Services) Rules, 1974. According to his rule, the seniority of inter se persons appointed to a post in the same grade in the functional unit shall be determined in accordance with order of merits. Prior to seniority in question the appellant's seniority was rightly fixed in view of rule of continuous of service. The seniority is always treated as vested right in the Punjab and cannot be overridden illegally. The tentative seniority list in question, whereby the appellant was ranked at Serial No. 539, has been found against the legal rights of the appellant, therefore, the same is set aside to the extent of the appellant and the seniority list of the appellant (notified) as stood on 1.12.2009 issued by the Dy. DEO (MEE), Tehsil Bahawalur is restored. It is directed that the department will abide by the said notified seniority list as stood on 1.12.2009. Likewise, the tentative seniority list wherein the appellant has been placed in Serial No. 539 is illegal and has no adverse legal effects on the right of seniority of the appellant in any manner, whatsoever. The impugned order dated 2.7.2011 is also set aside. The appeal is accepted in above terms.
Order accordingly.