' This judgment shall dispose of Writ Petition Nos. 580 of 1990 and 1037 of 1990 involving identical questions of law and fact.
2. The dispute in this case relates to seniority list of Executive Engineers of Irrigation Department, Government of Punjab, Lahore and the orders of promotion made in favour of respondents Nos.4 to 7.
3. Briefly the facts are that a seniority list of the Executive Engineers of Irrigation and Power Department was notified on 14th October, 1972 by the Punjab Government, in which Mr. Tahir Ahmad Malik and Mr. Ihsan Ullah Sardar, respondents in these writ petitions were placed at Sr. Nos.
163 and 164 respectively. This seniority list was challenged before the Punjab Service Tribunal vide Cases Nos. 115/961 of 1977 and 116/960 of 1977. Consequently, the seniority list was disturbed and a fresh notification was issued on 19-7-1982, in pursuance of the Tribunal's order dated 18-5-1982, whereby Mr. Tahir Ahmad and Ihsan Ullah Sardar, respondents herein, were placed at Sr. Nos.10 and
11. This notification did not correctly reflect the order passed by the Tribunal. Consequently, a revised seniority list was issued on 28th July, 1982 in which M/s. Tahir Ahmad and Ihsan Ullah Sardar, respondents herein, were placed at Sr.Nos.8 and 10 respectively. The order of the Service Tribunal was challenged before the Supreme Court of Pakistan by Syed Muhammad Iqbal and others who are not party to these writ petitions. The Supreme Court set aside the judgment of the Tribunal and directed that the seniority list be determined afresh in accordance with the Rules of 1967 as interpretted by them vide their judgment reported in Muhammad Iqbal v. Secretary to Government of Punjab 1986 SCM R 1. In consequence, the seniority list of Class-I Engineers (XEN and above) as it stood on 30-9-1985 framed in accordance with the West Pakistan Irrigation Engineers Service (Class-I) Rules, 1967, was notified on 15th September, 1986 subject to the conditions laid down in the footnotes therein.
4. The respondents earlier challenged the seniority list as determined by the Government on 30-9- 1985 before the Punjab Service Tribunal but later on it was withdrawn on 23rd September, 1989.
However, fresh Appeals bearing Nos.108 of 1990, 109 of 1990, 110 of 1990 and 111 of 1990 have again been filed before Punjab Service Tribunal on 13-2-1990 against the said seniority list which have been admitted to regular hearing and the next date in all these appeals is stated to be fixed therein for 15th August, 1990.
5. It is not necessary to examine in detail the respective contentions of the parties relating to their seniority in these proceedings in view of the bar contained in Article 212 of the Constitution.
Furthermore, the matter is sub judice before the Punjab Service Tribunal. As to dispute regarding promotion, it is the case of the Punjab Government that the impugned promotion was provisional without conferring any right of seniority in the grade on the promotees and without prejudice to the claim of other officers of the Department which is yet to be finally determined by the competent authority. I am also inclined to hold the same view after perusing the material available on record with the assistance of learned counsel for the parties.
6. In this background, with a view to shorten the litigation and avoid multiplicity of proceedings, the Punjab Provincial Selection Board is directed to consider the case of promotion of the parties in these proceedings on the basis of seniority list notified by the Punjab Government on 15-9-1986 in accordance with law and keeping in view the tenor of the orders of the Supreme Court in the case of Muhammad Iqbal (supra). Needless to say that the seniority list is to be read in its entirety including its footnotes. It is further clarified that encadrization in pursuance of Sr. No, (ii) of the footnotes to the said notification and the rules of 1967 as interpreted by the Supreme Court shall also be taken into consideration while processing the promotion matter. The order of promotion to be passed by the competent authority in pursuance of this judgment shall be subject to the final decision of the Punjab Service Tribunal in the aforesaid appeals relating to seniority.
7. The Punjab Provincial Selection Board shall formulate its recommendations as expeditiously as possible but not later than 90 days from the date of passing of this judgment and within thirty days thereafter, the competent authority shall decide the matter, justly, fairly and in accordance with law. This appears to be the most appropriate course in the facts and circumstances of the present case.
8. The parties and their counsel present in Court have given an undertaking to appear before the Punjab Service Tribunal on 15th August, 1990.
9. With these directions, both the writ petitions are disposed of but there shall be no order as to costs.