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1983 PLC (C. S.) 982

MUHAMMAD ISMAIL vs CHIEF ENGINEER, IRRIGATION, CENTRAL REGION, LAHORE

Citation1983 PLC (C. S.) 982
CourtPunjab Service Tribunal
Judge(s)Malik Zawwar Hussain, Sardar Abdul Jabbar Khan, Abdul Hameed
ResultAppeal dismissed

ABDUL HAMID CHAUDHRY (MEMBER).-Mr. Muhammad Ismail, Research Assistant, Directorate of Land Reclamation, Lahore, on L. P. R., has prayed that the seniority list of the Research Assistants of Directorate of Land Reclamation furnished to him vide Chief Engineer, Irrigation, Central Region, Lahore No. 3841/Admn/80/14422/570/74, dated 9-11-1980 is wrong, his reversion and promotion of Mr. Zakria was illegal. He has requested that his seniority in 1960 may kindly be decided and promotion be made accordingly.

2. Keeping the above facts in view it is first to be established whether it is within the jurisdiction of the Tribunal to entertain this appeal as the issue concerns the year 1960 and prior to that of year 1969. A copy of letter of the Chief Engineer, Irrigation Central Region, mentioned above addressed to Mr. Muhammad Ismail, Research Assistant and which the appellant has made basis of his appeal, reads as follows :- "A photo copy of the seniority list of Research Assistants for the year 1960 is sent, herewith, as desired by you."

This letter clearly shows that issue involved is regarding the year 1960.

3. The learned District Attorney at the outset, argued vehemently that this matter pertains to the year 1960 and, under section 4 (c) of the Punjab Services Tribunals Act, 1974, no appeal shall lie to the Tribunal against the order or decision of Departmental Authority made at any time before 1st July, 1969. Thus the Punjab Service Tribunal has no jurisdiction to hear this appeal.

4. We agree with the learned District Attorney and hold as the matter pertains to the year 1960 and prior to 1-7-1969, thus this appeal is beyond the jurisdiction of this Tribunal, and is hereby

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