MUHAMMAD MEHMUD ASLAM PIRZADA (CHAIRMAN).-- Sabir Zameer Siddiqi, Assistant Food Technologist (Training) Dates Development Research Station, Muzaffargarh, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded M/s. Mian Abdul Malik, Food Technologist, Dr. Muhammad Aslam Mian, Assistant Food Technologist (Microbiology), Dr. Muhammad Abdul Haque, Assistant Food Technologist (Processing), Manzoor Ullah, Cereal Technologist, all from Ayub Agriculture Research Institute, Faisalabad and Government of the Punjab through Secretary of Agriculture, Civil Secretariat, Lahore, as respondents. By virtue of this appeal the appellant has prayed that he be declared senior to respondents Nos, 1, 2, 3 and 4.
2. The service particulars of the appellant as well as of the contesting respondents in the instant appeal are that the appellant was appointed as Assistant Food Technologist (Processing) Ayub Agricultural Research Institute, Faisalabad, as direct recruit, w,e,f, 1-11-1974, while Mian Abdul Malik, Assistant Food Technologist (Rice) Kala Shah Kaku, Sheikhupura (respondent No, 1) was appointed on ad hoc basis w,e,f, 24-10-1973. He was regularised w,e,f, 5-5-1977 but subsequently the period of ad hoc appointment of Mian Abdul Malik (respondent No, 1) from 24-10-1973 to 4-5-1973 was regularised on the basis of a decree awarded by the Civil Court and under the order of the Governor of the Punjab through Notification dated 12-4-1980, which was never challenged and has, therefore, attained finality. Therefore, for the purpose of seniority, date of regular appointment of Mian Abdul Malik (respondent No, 1) would be 24-10-1973. Dr. Muhammad Aslam Mian (respondent No, 2) was appointed w,e,f, 17-2-1969, and was promoted as Assistant Food Technologist w,e,f,9-9- 1976. Dr. Muhammad Abdul Haque (respondent No, 3) was appointed as Assistant Food Technologist (Processing) w,e,f, 17-9-1974, while Mr. Manzoor Ullah (respondent No, 4) joined service w,e,f, 21-11-1955 and was promoted in Food Technology Group w,e,f, 20-11-1966. Detailed service particulars of Mr. Manzoor Ullah, Cereal Technologist (respondent No, 4) stand already incorporated in the earlier judgments of this Tribunal delivered on 25-10-1979, in service seniority Appeals Nos, 115/907 of 1975, 138/909 of 1975, 23/908 of 1975, 381/20 of 1977, as well as in the Supreme Court's judgment dated 10-12-1986 in Civil Appeal No, 431/86, Civil Petition No, 1115 of 1979, therein deciding the question of seniority of Manzoor Ullah, respondent No, 4, which, therefore, need not be reproduced here in extenso. It will be pertinent to mention here that Mr. Manzoor Ullah (respondent No, 4) has filed Civil Review Petition No, 4-R/88 in Civil Appeal No,431/86 before the Supreme Court of Pakistan which has been admitted for regular hearing and thus matter of this seniority is sub judice.
3. The appellant made representations before respondent No, 5 and also filed a Writ Petition No, 1503/87 before the Lahore High Court which was dismissed in limine on 19-7-1987, and hence this appeal.
4. The main contention of the learned counsel for the appellant is that the seniority always takes effect from the date of regular appointment and the appellant ranks senior to respondents Nos, 1 to 4 and was thus entitled to promotion in preference to the said respondents.
5. Learned District Attorney on behalf of respondent No, 5, learned counsel for respondent No, 1 and the remaining contesting respondents Nos, 2 to 4, who appeared in person, have vehemently opposed the instant appeal and contended that the same is not competent and maintainable under the law and is, therefore, liable to be dismissed on the following grounds:--
(a) That the instant appeal is not directed against any final (original or appellate) order of the Departmental Authority.
(b) That the promotion orders of respondents Nos, 1 to 4 have not been impugned by the appellant through his instant appeal nor earlier.
(c) That Mr. Manzoor Ullah's (respondent No, 4) matter of seniority had been decided by the Supreme Court of Pakistan reported as 1987 SCMR 407 which is final; and per chance before the Supreme Court of Pakistan counsel of the appellant was the same as in the present appeal; and Civil Review Petition filed on behalf of Mr. Manzoor Ullah (respondent No, 4) is still sub judice before the Supreme Court of Pakistan.
6. Having heard the parties and their learned counsel at some length and perused all relevant record, we find much force in the counter-arguments advanced on behalf of the respondents, as reproduced in para. 5 above which are fully borne out from the relevant record.
7. Resultantly, we find that the present appeal is neither competent nor maintainable under the law.
Accordingly it is dismissed, with no order as to costs.