' S. ABDUL JABBAR KHAN (CHAIRMAN).-Ghu lam Samdani, Design Engineer, Office of the Chief Engineer (Buildings), Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Secretary to Government of the Punjab, Communication and Works Department, Lahore and Messrs Abdul Razziq Khan and Munir Ahmad, Executive Engineers, as respondents.
2. By virtue of this appeal he has prayed that the impugned seniority list, dated 10th September, 1981 in so far as it relegates the appellant as junior to the contesting respondents may be set aside and he be declared senior to contesting respondents Nos, 2 and 3.
3. Brief facts of the case are that respondent No, I issued seniority list in respect of Grade 18 officers of Highway and Buildings Department as it stood on 10th September, 1981 in which the appellant was shown at serial No, 15 whereas the contesting respondents Nos, 2 and 3 at serial No, 13 and 14.
The appellant has appended a chart showing service particular of these two contesting respondents as well as of the appellant. According to this chart the date of promotion of appellant as officiating Executive Engineer is 13th December, 1969 whereas the dates of promotion of two contesting respondents in that capacity are 13th December, 1969 and 9th January, 1970 respectively. Since the impugned seniority list was issued by the Government no representation was filed against the same and the appellant in this case as well as in large number of other cases filed appeals before this Tribunal directly. Hence this appeal.
4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance.
5. It will be useful to mention here that none of the contesting respondents have contested this case despite the fact that they were duly served with notices and ex parte proceedings were taken against them.
6. It has been contended by the learned counsel for the appellant that the date of promotion of appellant is earlier than the date of promotion of Munir Ahmad, contesting respondent No, 3 and it is the same in respect of contesting respondent No,
2. As regards contesting respondent No, 3, he claimed that since appellant's date of promotion as Officiating Executive Engineer is earlier as such senior to him according to the judgment of the former Punjab Civil (Appellate) Tribunal as well as of this Tribunal in 9 cases viz :- {{TABLE TEXT}} I. 509/1357/81 2. 510/1356/81
3. 511/1399/81 , 4. 526/1316/81
5. 544/1328/81 6. 545/1329/81 550/1414/81 617/1400/81 518/1448/81 {{TABLE TEXT}} ' It was argued by the learned counsel for the appellant that in all these cases it has been held that whosoever is promoted earlier to the rank of Executive Engineer, is senior to the officer who is promoted later. As regards contesting respondent No, 2, although the date of his promotion is the same i,e, 13th December, 1969 yet the appellant would be considered to be senior as he is senior in age than the contesting respondent.
7. On the other hand learned District Attorney has adopted the comments of the Department but has not been able to rebut the contention of the appellant so based on the earlier judgment as well as of predecessor Tribunal.
8. We have given our anxious thought to the arguments advanced by the parties and find that the claim of the appellant vis-a-vis Munir Ahmad, contesting respondent No, 3 is justified on the basis of appellant's earlier date of promotion as Executive Engineer. With regard to the case of Abdul Razziq Khan, contesting respondent No, 2, we find that although the date of his promotion as officiating Executive Engineer is the same but the appellant being senior in age would definitely deem senior to him on this ground.
9. In view of the above, we proceed to accept the appeal, set aside the impugned seniority list in so far as it relates to the parties and direct respondent No, 1 to show correct date of promotion and appointment as Executive Engineer as 18th November, 1963 of the appellant in the impugned seniority list. There will be no order as to costs.