1. S. A. MAHMOOD (CHAIRMAN).-By this appeal under section 4 of the West Pakistan Civil Services (Appellate Tribunals) Ordinance, 1969, Mr. Riazul Haq Draftsman, now serving under WAPDA, prays that this Tribunal may set aside the order of the Director of Land Reclamation, dated 23rd February 1961, whereby he deconfirmed the appellant, and further prays that he may be declared senior to respondents 2 and 3.
2. The appellant was represented by Mr. Asadullah Siddiqui, Advocate: The Director, Land Reclamation, was represented by Mr. A. G.- Humayyun, Government Pleader. Mr. Sami Ullah, respondent No. 2, was represented by Mr. Mushtaq Ahmed Masud, Advocate. Mr. Manzoor Hussain, respondent No. 3, remained absent in spite of service.
3. The brief facts, out of which this appeal arises are that Mr. Riazul Haq was appointed as Temporary Tracer in the office of Director, Land Reclamation on 1-11-1953. Mr. Samiullah, respondent was so appointed in the Upper Chenab circle on 13-9-1952 and Mr. Manzoor Hussain, respondent No. 3, was appointed as Temporary Tracer in Marala Ravi Link Circle on 4-9-1953. Therefore those two respondents were appointed as Temporary Tracers before the appellant was so appointed and are basically senior to him.
4. In March 1955, the appellant was transferred to Ground Water Development Organisation. It may be mentioned that this Organisation remained, since its inception up to 31-3-1960, under the administrative control of the Director of Land Reclama--tion. By notification of 1st April 1960, the execution of project was entrusted to WAPDA.
5. By order dated 11th May 1960, the appellant was confirmed by the Director, Land Reclamation w.e.f.
6. 1-1-1958 in the vacancy caused by the retirement of one Abdul Majid, Tracer, but by order dated 23rd February 1961, the order of confirmation was cancelled by the Director of Land Reclamation, West Pakistan. The reason for cancelling the order was that an error had been detected in the confirmation of Mr. Riazul Haq, appellant, by order dated 11th May 1960, and the order was being cancelled, there being no necessity to issue a show-cause notice in such a case. The appellant made a representation against his deconfirmation, but it was rejected by the Chief Engineer, West Pakistan by his letter dated 1-1-1962. The appellant filed an appeal before the Director, Land Reclamation, which was also rejected by his letter dated 27th July 1970.
7. On the deconfirmation of the appellant, there being only one permanent post of Tracer, Samiullah, respondent No. 2, was confirmed by order dated 23rd February 1961 w.e.f. 1-1-1958 in the vacancy so caused. The appellant challenges his own deconfirmation and the confirmation of Samiullah, respondent No. 2 on the ground that the appellant having been confirmed, he could not have been deconfirmed without a show-cause notice and secondly that respondent No. 2 having his lien in a different circle, could not be considered for being made permanent in the office of the Director of Land Reclamation. It is contended that there could be no inter se seniority between different circles and seniority bad to be determined on circle basis, under the Punjab Public Works Department Irrigation Branch (Provincial) Draftsmen and Tracers Service Rules, 1944. As to seniority being determined circle-wise, there is no doubt that it had to be maintained circle-wise, but the position of temporary and permanent Tracers is peculiar in so far as in the Directorate of Land Reclamation there is only one permanent vacancy and there could be no seniority list of one officer. We are told that there was only one other vacancy of Temporary Tracer in this Circle. The question is of no real importance, since we find that Samiullah, respondent No. 2, was transferred to the office of Directorate of Land Reclamation on 14th June 1959 as appears from Annexure R. I. The particulars of his transfer stated in the pare-wise comments do not appear to be accurate. When Samiullah stood transferred to the Directorate of Land Reclamation and was senior to the appellant, his case should have been considered for confirmation on the basis of earlier appointment, but this does not appear to have been done, when the appellant was confirmed by order dated 11-5-1966. We agree that his confirmation was made by error. As to the lack of show-cause notice before deconfirming the appellant, the appellant had made a representation and filed an appeal, which have bees, considered by the competent authority, and he cannot row complain of not having been heard in relation to the order of deconfirmation.
8. The appellant further complains of transfer of Samiullah from one circle to the other by an incompetent authority, namely, Superintending Engineer. He refers us to rule 13 of the Rules requiring that inter-circle transfers are to be made by the Chief Engineer. We find that in the case of Samiullah and Manzoor Hussain respondents 2 and 3, the transfers were ordered by the Superintending Engineers. These transfers may be irregular but it does not affect their seniority. We may also mention that under the Rules it is doubtful if Temporary Tracers can be treated as Members of the Service so as to be governed by these Rules.
9. The question involved in this appeal is essentially one officer deconfirmation, which is not within our jurisdiction.
10. Though the learned counsel for the appellant raised the question of seniority before us, he was unable to show that there has been a determination of seniority by which he has been relegated to a position of juniority. A right of appeal is conferred from an order of seniority. Neither any order nor a seniority list has been brought to our notice so that the question of seniority may be involved in this case. If the question of basic seniority were to be considered, there is co doubt that on the basis of continuous appointment Samiullah and Manzoor Hussain are senior to the appellant. The main emphasis of the learned counsel for the appellant is on the plea that they belong to different circles and as such their joint seniority could not be determined. We find that while the appellant is now under the control of WAPDA. Samiullah and Manzoor Hussain, respon--dents, are now functioning under the Director of Land Reclamation. The appellant, though attached to the Ground Water Development Organization, has been allocated by the order of Secretary, Irrigation to the Directorate of Land Reclamation, Lahore Region. The question of determination of inter se seniority would arise in this case only when it is determined by the competent authority.
11. For reasons stated above, we find no force in this appeal, which is dismissed with no order as to costs.