1. ORDER S. A. Mahmood (Chairman).--By this appeal under section 8(1) of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970, Mr. Talib Hussain Malik, Superintendent, in the office of the Deputy Director, Health Services, Multan Division, Multan prays that the appellant is not only senior to respondents 4 to 6 and that respondents Nos. 7 to l2 cannot be allotted seniority over the appellant, and he further prays that the combined seniority list circulated on 28-6-1973 by the Director, Health Services, Punjab, of Ministerial Establishment of offices of the Director, Health Services, Punjab, Deputy Director, Health Services of Divisions, Smallpox Eradication Programme, Drugs Testing Laboratory and Health Equipment and Maintenance Organization, Lahore as it stood on 1-3-1971, be declared to be illegal, inoperative and ineffective qua the appellant s seniority in the Ministerial Establishment of Multan Region. It may be mentioned here that with the dissolution of the Province of West Pakistan and as a result of Re-organization with effect from 1-3-1971, the whole of the present Punjab Province has been designated. One Region, so that the seniority of A the Ministerial Establishment is now combined seniority of the Province, and no longer remains Regional, as was the case on Re-organization of the Health Department from 7-5-1962, and on the enforcement of the West Pakistan Health Department Ministerial Establishment (Regional)
2. Recruitment Rules, 1964, from 28th September 1964. 'Region' is defined in clause (k) of rule 2 of these Rules as 'the whole of the area under the charge of a Director'. There is now only one Director for the whole of the Province of the present Punjab from 1-3-1971. Therefore, the seniority of the appellant cannot be determined in Multan Region alone, but is to be determined on Provincial basis. The appellant appears in person. Mirza Khalid Beg, Progress Officer, appears for respondents 1 and 2, Director Abdul Hassan, Deputy Director, Health Services, respondent No. 3 is present in person. Mr. Nazir Ahmad, respondent 5 and Mr. S. Fateh Ali Shah Kazmi, respondent 11 have both retired, and they no longer remain Government servants. As such, their names have to be deleted from the list of respondents. Mr. Muhammad Faiz Khan, respondent l2 is not present in spite of service; ex parte against him. A tentative seniority list of the Ministerial Staff of the Regional Directorates was published on 7-11-1972 inviting objections to the seniority determined therein. A final seniority list of the Ministerial Staff of the Directorates as on 1-3-1971, was published on 28th June 1973. The appellant figures at serial No. 7 among Superintendents. Respondent No. 4 is shown at serial No. 8 among senior Superintendents. Respondent No. 6 is shown below No. 1 as Superintendent Ch. Muhammad Saeed, Mr. A. W. Qureshi, Kh. Azhar Mahmood and Qazi Abdul Quddus are shown at serial Nos. 2, 3, 4 and 5 respectively among Superintendents. Mr. M. Faiz Khan is shown below serial No. 6 of the Superintendents. The particulars of the appellant, Ch. Muhammad Saeed, Kh. Azhar Mahmood, Qazi Abdul Quddus, Mr. A. N. Qureshi and Mr. M. Faiz Khan, are stated by us in . For facility of reference we are re-stating their particulars. Mr. Talib Hussain Malik, appellant was appointed as Assistant Clerk in the Mental Hospital, Lahore on 21st July 1943, and was confirmed on lst April 1949. He was then posted in the -Lady Willington Hospital at Lahore where be was promoted as Junior Clerk. In June 1948, he went on deputation to the Rehabilitation Department and on reversion to the Health Department from 31st May 1961, he was posted at D. V.
3. Hospital, Bahawalpur, where he took over on 17th June 1961, as Accountant in the senior grade, which was equivalent to that of Head Clerk and Assistant. A certificate was granted to the appellant by the Health Department that had he not been sent on deputation to the Rehabilitation Department, he would have been promoted as Head Clerk/ Accountant w.e.f. 16th August 1954.
4. From 15th March 1972, he took over as Superintendent on promotion. Simultaneously, he was granted proforma promotion as Superintendent w.e.f. 10th August 1966, which is thus the date of his continuous appointment assigned to him. He claims that he should have been assigned an earlier date of promotion as Superintendent by reasons of his seniority in the lower grade and date of continuous appointment as Head Clerk. Mr. Muhammad Nazir, respondent 4 was appointed as Junior Clerk in the office of Inspector-General, Civil Hospitals, Punjab from 19*11-1942, and was promoted as Senior Clerk in the same office from 1-11-1945. This office became the office of Director, Health Services Punjab when the offices of Inspector-General Civil Hospitals and of the Director, Public Health were amalgamated from 2-9-1949. He was promoted in the amalgamated office as Assistant from 18-12-1954. On 4-5-1962, he was selected for appointment in the Health Department, Civil Secretariate at Lahore, where he took over on 7th May 1962. He was actually promoted as Superintendent w.e.f. 5-12-1968 but by order of 22-11-1968, he was assigned proforma date of promotion as Superintendent w.e.f. 9-12-1963 which thus became the date of his continuous appointment as Superintendent. He has been further promoted as Senior Superintendent from 21-l 1-1969. Mr. M. Muhammad Ghazanfar, respondent No. 6 was appointed as Junior Clerk in the office of the Inspector-General Civil Hospitals, Punjab w.e.f. 1-5-1947, but as he had war service to his credit, his date of joining this office as Junior Clerk was worked out as 9-7-1943. He was actually promoted as Senior Clerk from 1-3-1951, but on being given the benefit of war service, his date of appointment as Senior Clerk was worked out as 1-11-1945. He was promoted as Assistant from 8-6- 1956. He was also selected for appointment in the Health Department, Government of West Pakistan, Civil Secretariat by order of 4th May 1962, and he took over on 7-5-1962. He was actually promoted as Superintendent from 1-11-1969, when he reverted from the Civil Secretariat, and was posted in the Multan Region. By order of 22-11-1969, he has been assigned 10-8-1966 as proforma date of promotion as Superintendent. But we are informed that in the case of some Superintendents including this respondent, revision of proforma dates of promotion has been referred to government and orders are awaited thereon. This respondent has been assigned 11-9- 1964 as date of promotion as Superintendent in the impugned seniority list. He claims that his case and that of other Superintendents has been referred to the Government for assignment of an earlier date of promotion. Ch. Muhammad Saeed, respondent 7 joined as Junior Clerk in the office of Inspector-General, Civil Hospitals from lst August 1949, and was confirmed from 10th July 1952.
5. He was promoted as Stenographer in the deMontmorency College of Dentistry at Lahore w.e