AJMAL MIAN, C.J. -- This is a petition for leave to appeal against the judgment dated 19.2.198 passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal) in Appeal No. 1429 of 1996 filed by the petitioner against the seniority list of BS-19 of the Research Wing of Agriculture Department, circulated on 14.11.1990 by Secretary Agriculture (respondent No. 1), declining the same for the following reasons :- It is quite clear that consolidated seniority list of officers in BS-19 is of little significance for recruitment to the post of D.G. For the reason that the post is to he filled up by selection by merit, and seniority is not even mentioned in the method of recruitment, and that the selection is to he made from amongst all the Directors Agriculture (Research Wing) who possess the minimum qualification and have put in 15 years service in the department in. Grade-17 and above. Selection obviously cannot he confined to the appellant and respondent No. 2 alone. The appellant has certainly no cause for any grievance as he is quite eligible for competing for the post of D.G., like the appellant and other directors who fulfil the conditions.
For the reasons mentioned above, there is no reason to interfere with the impugned seniority list issued on 14.11.1990 and the final order dated 21.10.1996."
2. The brief facts are that the petitioner was recruited as Agronomist (Liverstock), Ayub Agricultural Research Institute, Faisalabad in BS-18 on 15.11.12 and was later promoted to BS-19 as Director on 28.12.1987. It may further be stated that, respondent No 2 (Dr. Mukhtar Ahmed Haleemi) joined as -Agricultural-Assistant in Agricultural College and Research Institute on 14.1.1962. He was transferred on 16.1.1962 to the West Pakistan Agricultural University and was later promoted as Demonstrator with effect from 16.1.1962. It seems that respondent No. 2, through Public Service Commission, was selected as Entomologist on 11974 in Plant Protection Institute, Faisalabad which was part of the Ayub Agricultural Research Institute, Faisalabad. It may also he stated that respondent No. 2 was promoted as Director, Plant Protection Institute on 22.12.1979 in BS-19, It appears that the various units of the Ayub Agricultural Research Institute were merged on 7.2.1980 and Rules were framed by the Governor, namely, Punjab Agricultural (Research Wing) Service Rules, 1980, After the merger a new seniority list of BS-18 was notified on 14.11.1990, in which respondent No. 2 was shown senior to the petitioner. The petitioner was aggrieved by the above and he filed 4 departmental representation and then approached the Tribunal through the above appeal without success. He has therefore tiled the present petition for leave to appeal.
3. In support of the above petition, Khawaja Muhammad Farooq, learned counsel has vehemently contended that in all seniority lists prepared for BS-18 prior to the merger, the petitioner was shown senior to respondent No. 2 and therefore the above seniority inter se between the petitioner and respondent No. 2 could not have been disturbed while preparing the impugned seniority list.
However, he candidly conceded that respondent No. 2 was promoted to BS-19 on regular basis as far hack as on 22.12.1979, whereas the petitioner was promoted to BS-19 on 28.12.1987 i.e. After about 8 years.
4. In our view the above contention is devoid of any force. The above contention of the learned counsel for the petitioner would have been relevant if the petitioner and respondent No. 2 would have been hatch-mates in the same cadre in BS-18. The impugned judgment of the Tribunal is in consonance with sub-section (4) of Section 8 of the Civil Servants Act, 1973, which provides that the seniority in a post, service or cadre to which a civil servant is promoted shall take effect from the date of regular appointment to that post. Admittedly respondent No. 2 was promoted on 22.12.1979 on regular basis to the post of Director in BS-19 in terms of above sub-section (4) of Section 8 of the. Civil Servants Act, whereas the petitioner was promoted on regular basis to BS-19 on 28.12.1987.
In this view of the matter, no exception can he taken to the impugned judgment.
Leave is refused and the petition is dismissed.