S. ABDUL JABBAR KHAN (CHAIRMAN).-- A.S. Bokhari, Conservator of Forests, now working as Director (Planning), Ministry of Local Government and Rural Development, Government of Pakistan, Islamabad, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against Order No. SOEI/1-22/73-1I, dated 4-7-1981 in which he has impleaded the Province of Punjab through Secretary to Government of Punjab, Forestry and Wildlife Department, Lahore and Provincial Selection Board through Chief Secretary to Government of Punjab, Civil Secretariat, Lahore as respondents.
2. By virtue of this appeal he has challenged the proceedings of the Selection Board and the consequent order of the Secretary, Forestry and Wildlife Department contained in his Letter No. SOEI/I-22/73.I1, dated 4-7-1981, with the prayer to set aside the same and direct the respondents to show his name in the gradation list of Conservator of Forests at the same place as it was in the inter se seniority list of D. F.0 s. Issued by the Government of the Punjab, Forestry and Wildlife Department, vide their Endorsement No.SO.Ft(E)-1/11-74, dated 18-7-1974.
3. We have heard the learned counsel for the appellant as well as appellant who appeared in person before us and learned District Attorney and have also perused the entire record of this case carefully with their assistance.
4. The crux of the matter is that the appellant wants his seniority which according to him, he was entitled on the basis of inter se seniority list of D.F.0 s. Issued by the Government of Punjab, Forestry and Wildlife Department, vide his order dated 18-7-1974. Learned District Attorney has pointed out that the claim of the appellant is misconceived as he was superseded by the Departmental Promotion Committee when case for promotion of D.F.O's including the appellant was considered by the Board on 27-12-1974. According to the learned District Attorney he was ignored for unsatisfactory record of service, and the officers junior to him were selected for promotion by the Board. According to the learned District Attorney it is a settled principle of law, one an officer has been considered and superseded, he would not be entitled to claim his- earlier seniority, which has been so disturbed by the said super-session.
5. We have taken` into consideration the two documents filed by the learned District Attorney in support of his arguments and find that the appellant's case was considered by the Selection Board and he was superseded on account of unsatisfactory record of service. The concluding observation in the minutes of the said meeting is as under:- "in view of these remarks the Board did not find him fit for pro forma promotion."
In this manner his case of pro forma promotion was rejected by the Government and thus, we have no alternative but to uphold the argument of the learned District Attorney that an officer one superseded, would not be entitled to the earlier seniority, which he enjoyed before the said super- session.
6. The result is we do not find any merit in this appeal which is dismissed accordingly. There will be no order as to costs.