S. ABDUL JABBAR KHAN (CHAIRMAN).---- Malik Nazir Ahmad, Zilladar Reclamation, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Chief Engineer. Irrigation Sargodhe Region, Sargodha and Agha Sher Muhammad, Zilladar Bala Section as respondents.
2. By virtue of this appeal, he has prayed that the impugned order, dated 19-5-1983, Annexure 'F' be set aside and he may be declared senior to the respondent No. 2.
3. Brief facts of the case are that on opening of Sargodha Irrigation Zone, Sargodha, on 1-7-1974, a tentative seniority list of Zilladars was circulated on 26-1-1978, wherein Messrs Nazir Ahmad and Agha Sher Muhammad, Zilladars were placed at serial No. 43 and serial No. 70. Certain representations were received against the above cited tentative seniority list and the position of seniority was changed/revised by the Superintending Engineer (HQ) competent authority on 24-5- 1980, wherein the names of Messrs Nazir Ahmad and Agha Sher Muhammad were, placed at serial No.44 and 1.4. On consideration of representations of certain Zilladars against the revised tentative seniority list of Zilladars was notified on 25-3-1981, wherein the names of Messrs Nazir Ahmad and Agha Sher Muhammad were shown at serial No. 30 and 56, respectively. Messrs Nazir Ahmad and Agha Sher Muhammad preferred appeal before the Chief Engineer, Irrigation Sargodha, against the order, dated 25-3-1981 of Superintending Engineer (HQr.). This appeal was accepted by the Chief Engineer and orders were issued on 9-12-1981. A final revised seniority list of Zilladars was issued on 25-3-1982 and according r to this seniority list Messrs Nazir Ahmad and Agha Sher Muhammad, Zilladars were placed at serial No. 13 and 14. Against this final Zilladars filed an appeal before the Punjab Service Tribunal, Lahore on 8-3-1982, which remanded the case to the Chief Engineer for reconsideration keeping in view the detailed facts as well as rules on the subject. The Chief Engineer, Irrigation, Sargodha, reconsidered the case in the light of the facts and Rules after giving personal hearing to the Zilladars and announced the decision on 19-5-1983, whereby he made no change in the final seniority list issued on 9-12-1981, except in the case of Nazir Ahmad Zilladar who was placed at serial No. 11 while Agha Sher Muhammad continued to be at serial No.10.
4. We have heard the appellant himself as well as respondents and have carefully taken into consideration the detailed decision of the Chief Engineer, Sargodha Zone, wherein this issue has been settled by him, after the case was so remanded by this Tribunal in the case of Ali Gohar and Mujeeb Ahmad. What we find in this case is that the appellant's seniority was erroneously fixed above the name of respondent No.2 as his date of continuous officiation in the grade of Zilladars was wrongly entered in the record, as on reorganization of Sargodha Zone the seniority had to be determined from the date of continuous officiation in the grade and, therefore, after correcting the wrong date so given to the appellant, his seniority was so changed. The respondent No.2 was appointed as AVC on 20-2-1948 and confirmed as such on 25-2-1948 whereas the appellant's date of appointment according to the record is 1-7-19413 and date of confirmation is also 1-7-1948.
However, the respondent No.2 was appointed as Zilladar on 2-11-1957, whereas the appellant was appointed on 4-3-1960. It may also be pointed out that the appellant was reverted from the post of Zilladar to the post of AVC in the year 1959 and was again appointed as Zilladar in the year 1960.
The rule of seniority being continuous officiation in service, we do not find any reason to interfere with the well-considered judgment A of the Chief Engineer, Sargodha Zone, which we have already upheld in the case of Messrs Ali Gohar and Mujeeb Ahmad.
5. In view of the above, we do not find any reason to change our view which we have already taken in the case of Messrs Ali Gohar and Mujeeb Ahmad, therefore, we dismissed the appeal as being without any merit. There will be no order as to costs.