1. MUHAMMAD QAIM JAN KHAN (CHAIRMAN).--This is service appeal under section 4 of the Service Tribunals Act, 1974 filed by Dr. Syed Muhammad Zahoor Ali Shah, appellant against the order of respondent No. 1, dated 3-8-1995, directing that respondent No. 4 will be the incharge of a Rural Health Centre, Takht Bhai and the representation of the appellant has been turned down.
2. The facts giving rise to the present appeal are that the appellant was appointed as Medical Officer (B-17) on 3-4-1984 on ad hoc basis which were later on regularised vide order dated 16-4-1986, copy Annexure A. That respondent No. 4 was also appointed on ad hoc basis on 29-9-1985 and later on regularised. That the services of appellant and respondent No. 4 were treated to have been regularised from the dates of their respective dates of ad hoc appointments and paid the back service benefits. The appointment of respondent No. 4 on regular basis was then postponed and was issued later on, as per foot note on Annexure 'A'. That the post of Senior Medical Officer (Incharge) Rural Health Centre, Takht Bhai fell vacant and the appellant was transferred and posted there as Incharge Senior Medical Officer on 16-1-1994, copy Annexure ' B' . That the respondent No. 4 was transferred and posted as Medical Officer II at Rural Health Centre, Takht Bhai on I 1-10-1994. That the appellant and respondent No. 4 were promoted as Senior Medical Officers (B-18) on 13-4-1995, copy Annexure 'C'. That consequent upon the said promotion, the appellant already holding the charge, assumed the same as Senior Medical Officer, Incharge Rural Health Centre, Takht Bhai on 18-4-1995, copies Annexures D to F. That respondent No. 4 was also posted as Senior Medical Officer at Rural Health Centre, Takht Bhai against the alleged vacant post, vide order dated 24-7-1995, copy Annexure G. That respondent No. 1 vide letter dated 3-8-1995, on the request of respondent No. 4 ordered that respondent No. 4 will be the incharge of Rural Health Centre, Takht Bhai on the basis of alleged seniority and that the appellant will draw his pay against the post of Woman Medical Officer (BPS-18), copy Annexure H. Aggrieved with the impugned eider, the appellant submitted a representation on 6-8-1995, which was turned down on 9-8-1995, hence the present appeal. The relevant copies are Annexures '-I and J'. The grounds of appeal are that the impugned orders are void, illegal and against the principle of natural justice. That the appellant is senior as against respondent No. 4 regarding their respective dates of appointments as Medical Officer in B-17. That in case appellant and respondent No. 4 are considered to have been appointed in one batch (though not admitted), the appellant being older in age is to be considered senior according to their respective date of birth. That no seniority list is ever communicated to the appellant and while perusing his representation, the appellant came across the provisional seniority list notified on 9-8-1994, which is also challenged on 19-8-1995 through a representation to respondent No. 1. That there is only one post of Senior Medical Officer (B-18) in Rural Health Centre, Takht Bhai and the appellant is working on that post since 18-4-1995, which was duly approved by respondents 1 and 3, copies Annexures ' E and E' . That respondent No. 4 has been holding subordinate post to the appellant in BPS-17 and BPS-18. That the pay of the appellant has been fixed in B-18 against the sole post of Senior Medical Officer at Rural Health Centre, Takht Bhai with effect from 18-4-1995 and he is drawing the same continuously. That only the post of Senior Medical Officer was held by the appellant and there is no vacant post of senior Medical Officer (B- 18) at the the of posting of respondent No. 4 as Senior Medical Officer. So, his posting at Rural Health Centre, Takht Bhai is illegal and unjustified. That the impugned order amounts to cancellation of posting order of the appellant as Senior Medical Officer, Incharge of Rural Health Centre, Takht Bhai and also withdrawal of accrued right without proper hearing and the same is void and illegal as the appellant has been condemned unheard. In the prayer, the appellant has asked for setting aside of the impugned orders with costs.
3. Notices were issued to respondents. They appeared through their respective representative/counsel, submitted replies, rebutting all the allegations of the appellant. The appellant has also submitted his rejoinder. After that detailed arguments of Mr. Adam Khan, Advocate for appellant, Mr. Sikandar Sahibzada, Advocate (Government Pleader) for respondents 1 to 3 and Shahzada Shahpur Jan, Advocate for respondent No. 4'have been heard and record perused.
4. As far as the preliminary/legal objections are concerned, the appellant has got every cause of action being aggrieved by the impugned order. Moreover, being a service matter, this Court has got perfect jurisdiction in the instant matter. The appeal is perfectly competent in its present form and there is no evidence to prove any estoppel on the part of the appellant.
5. On factual side, the case is quite clear. Both the appellant and respondent No. 4 were selected in the same batch by Public Service Commission and appointed as Medical Officers (BPS-17) vide Notification dated 16-4-1986. In the case of selection by Public Service Commission, the ad hoc service rendered by the candidates does not count towards their seniority. The inter se seniority of the selectees of the Public Service Commission in one and the same batch is determined by the merit assigned to them by the Commission. According to the combined merit list of the Public Service Commission respondent No. 4 is senior to the appellant, respondent No.4 appears in order of merit at Serial No. 62 whereas the appellant is placed at Serial No. 209. As such in the seniority list prepared by the Health 6 Department, the appellant has been shown junior to respondent No. 4.
6. Moreover, according to the rules, the Senior Medical Officer will be the incharge of the institution and as is clear from the record, respondent No. 4 is senior to the appellant. So, he has been placed as Senior Medical Officer Incharge of Rural Health Centre, Takht Bhai. Moreover, there is no monetary loss to the appellant as he is drawing his pay against a BPS-18 post i.e. Woman Medical Officer. According to the available record the impugned order does not suffer from any illegality and thus the appeal lacks legal force and the same is hereby dismissed, leaving the parties to bear their own costs. File be consigned to the record.