' MALIK ZAWWAR Huss AIN (MEMBER). -Sultan Mahmood, Senior English Teacher, Government High School, Jhang has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Government of the Punjab through Director Education, Sargodha as respondent.
2. By virtue of this appeal, he has prayed that his seniority be reckoned from the date of his continous appointment from 20th September, 1965 and he may also be awarded the arrears of pay etc. And other back benefits as warranted by law.
3. Brief facts of the case are that the appellant was appointed as Senior English Teacher in Multan District on 20th September, 1965. He submitted an application to the Minister for Education for his transfer from Multan District to Jhang and was ultimately transferred on compassionate ground.
Consequently on the orders of the Minister, the Government of the Punjab, Education Department vide his letter No, S 0 (N C)/4-74, dated 29th March, 1974, addressed to the Director, Public Instructions, Punjab, Lahore directed him to pass the necessary orders to accommodate the appellant in District Jhang on compassionate ground. As such, the services of the appellant were placed at the disposal of the Director of Education, Sargodha Division, Sargodha and he was transferred to District Jhang on compassionate ground vide the District Education Officer, Jhang order, dated April, 1974, with a condition that the appellant will be placed at the bottom of the seniority list of his cadre in Sargodha Division and no benefit for the service rendered by him in District Multan will be given to him towards seniority. The appellant joined at Government Middle School, Rustam Sargana on 29th April, 1974. The seniority list as it stood on 1st August, 1975 was prepared in which date of entry into service of the appellant was shown as 29th April, 1974 at Sr. No, 1008. The appellant submitted a representation requesting that he be given seniority with effect from 20th September, 1965 the date he joined at Multan and be shown in the seniority list at Sr. No,
442. In the meanwhile Hasnain Ahmad Gilani, S. S. T. Suspecting that the appellant will be given seniority from the date of his continuous appointment also requested to count his past service rendered in Lahore Division towards. Seniority. When the report was submitted to the Government, it came to light that the order allegedly shown to have been issued by the Additional Chief Secretary, Government of the Punjab, S & G A I Department, dated November, 1974 transferring the appellant to Sargodha Division as a special case and directing to consider his date of appointment as 20th September, 1965 was a forged document, as it had never been issued by the S & G A Department. When this act of using forged document come to light, a case F. I. R. No, 113 was registered against the appellant, what in the meanwhile had submitted the appeal before us. Since no order on the representation of the appellant has been communicated to the appellant, so he has preferred the present appeal.
4. The case was called for today but none appeared on behalf of the appellant, so we exercising our powers under rule 19 of Punjab Service Tribunal (Procedure Rules) and have heard the learned District Attorney on behalf of the respondent in the absence of the appellant and have also perused the record. It has argued on behalf of the respondent that the appellant is claiming seniority and is requesting that he may be shown in the seniority list at Sr. No, 442 instead of 1008, while he has not impleaded the persons falling in between the two who are person likely to be affected by this appeal, although a clear cut direction was given to him to implead them. Thus it has been submitted that since the appellant has violated the order of the Tribunal, dated 21st October, 1982 has not been impleaded the interested persons, so the appeal is liable to be rejected straightaway. On merits, it has been submitted that the appellant was transferred from Multan Division to Sargodha Division on his own request and that too on compassionate ground with a clear understanding that he would be shown at the bottom of the seniority list and no benefit of his past service will be given to him towards seniority, as such the appellant has been properly placed in the seniority list.
5. We have given our anxious thoughts to the arguments of the parties and have also perused the record very carefully. We have also gone through our order, dated 21st October, 1982 wherein we have observed that the parties likely to be affected by the appeal is liable to be impleaded as respondents. In this situation, the appellant was allowed to amend the appeal, subject to all just exception, within one month. The record shows that the appellant had neither submitted any application to implead the interested persons as respondents nor is present today. Since the appellant has not complied with the direction of this Tribunal as contained in our order, dated 21st October, 1982 and has not impleaded them as parties as required under rule 7 of the Punjab Service Tribunal (Procedure) Rule, so following our observations in case entitled Dr. Lqbal Ahmad Chaudhary v. Government of the Punjab, we hold that the appeal in the present form is not maintainable and is liable to be dismissed for violation of mandatory rules.
6. With regard to the merits of the case, the record shows that the appellant was transferred from Multan Division to Sargodha Division on his own request and that too on compassionate ground.
When the competent authority passed the order posting him in District Jhang, it was clearly mentioned that he would be shown in the bottom of the seniority list and he will not be entitled to any benefit of his past service rendered in Multan Division for purpose of seniority. The contention of the appellant that since he has been acquitted from the criminal case hence the order issued by the Additional Chief Secretary is to be complied with is without any foundation. We have gone through the judgment, dated 24th February, 1981 passed by Ch. Abdul Rashid, Magistrate, Shorkot District Mang in the case registered against the appellant under section 420/468, P. P. C. The judgment shows that the appellant was acquitted only because the prosecution had failed to produce witnesses against the appellant. Thus it is clear that the appellant has not been acquitted on merits and no benefit can be claimed by the appellant from this judgment. The fact remains that S&GA Department had never issued the letter, dated November, 1974 so relied upon by the appellant. As such the appellant cannot claim seniority w. e. f. The date of his appointment in Multan Division on its basis.
7. In view of the above analysis we hold that there is no force in this appeal which is dismissed on merits as well as being not maintainable.