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1971 PLC 182 [C.S.T.]

MUHAMMAD ANWAR vs COLLECTOR, JHANG AND OTHERS

Citation1971 PLC 182 [C.S.T.]
CourtCivil Services Tribunal
Case No.Case No. 623 of 1970
Date1971-01-21
Judge(s)S. A. Mahmood, Ashfaq Ali Khan, Bashir Ahmad Khan
Resultappeals failed

ORDER

1. S. A. MAHMOOD (CHAIRMAN).-This is an appeal by Mr. Muhammad Anwar appellant, purporting to be under section 4 read with section 9 of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970, praying that he may be declared senior to respondents 4 to 16, that his name may be ordered to appear in the list of Patwaris at the correct place, and that the order of the Collector by which the appellant was reverted on 31-12-69 be declared as illegal, ultra vires and of no legal effect.

2. The appellant was a Patwari candidate and was appointed to a vacancy out of a turn in 1965.

3. When some retrenchments were to take place, the Collector ordered that persons, who were junior or had been appointed out of turn, should be reverted and the appellant along with two others was reverted. He appealed against the order of reversion to the Commissioner and the Board of Revenue. Both these appeals failed. The finding of the Board of Revenue was that the objections to the order of Commissioner were highly technical, and that the order of reversion was eminently equitable anal just.

4. It is obvious that this appeal is not competent under the Punjab Civil Services (Appellate Tribunals)

5. Ordinance, 1970, as the appellant having been relieved of the rank of Patwari, is notGovernment servant, as defined in clause (c) of section 2 of the Ordinance, as he is not a Member of the Civil Service or holds a civil post in connections with the affairs of the Province, or is not an employee of the Government of the Punjab, whose services have been placed at the disposal of another Government or Authority. An appeal under section 8 lies at the instance of a Government Servant, but since the appellant is not a Govern--ment Servant, this appeal is incompetent and is dismissed in limine.

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