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CH. FAZAL-UD-DIN versus SECRETARY TO GOVERNMENT OF PUNJAB IRRIGATION AND POWER DEPARTMENT, LAHORE


Full authority of the Cadre Re-Service of Cadres The full authority of the Government Tribunal does not authorize any authorized authority to revoke the organization of a particular regional cadre and prepare a seniority list which is authorized by the competent authority under the Reorganization Scheme. A specific area constituted should be ignored (Appellate Tribunals) Ordinance (IV of 1970), Articles 4, 7 Doctors 8

1971 P L C 181 [C.S.T.]

[Punjabi]

Present: S. A. Mahmood, Chairman, Bashir Ahmad Khan and Ashfaq Ali Khan,

Members

Ch. FAZAL‑UD‑DIN

Versus

SECRETARY TO GOVERNMENT OF PUNJAB IRRIGATION AND POWER

DEPARTMENT, LAHORE AND 9 OTHERS

Case No. 100 of 1971, decided on 10th June 1971.

Civil service‑‑Cadre‑Re‑organisation of service cadres‑Full authority of Government‑Tribunal has no jurisdiction to direct competent authority to undo re‑organisation of particular regional cadre and to prepare seniority list ignoring a particular region creat ed by competent authority under. reorganisation scheme‑Punjab s Civil Services (Appellate Tribunals) Ordinance (IV of 1970), Ss. 4, 7‑ d. r 8.

ORDER

S. A. MAHMOOD (CHAIRMAN).‑

Mr. Mushtaq Ahmad Masud, Advocate, is present for the appellant. The appellant has prayed that the Multan Region of Irrigation should not be recognized as a separate region, but it should be treated as a part of the region to which a particular area belonged before 25‑3‑1968. Respondents 3, 4, and 5 who are the Chief Engineers of Lahore, Bahawalpur and Sargodha Regions respectively should be directed to prepare the seniority lists of their regions as they existed before the creation of the Multan Region. The appellant should be shown in the seniority list to be prepared according to his wishes by the Bahawalpur Chief Engineer. The learned counsel for the appellant has argued that no options were called when the Multan Region was created about the allocation of the staff, He however, admits that the staff' was allocated according to their posting on 25‑3‑1968 within the geographical limits of Multan.

The Government has full authority to re‑organize its services cadres and regions, keeping in view the public interest. The learned counsel for the appellant has failed to show any rule or law by which it is incumbent upon the competent authority to ask for options and then to comply with it. On the other hand, the Government has applied a rational principle of allocating the staff in accordance with their posting on the day of re organization. It shows that no invidious distinction was made and the allocation was not mala fide. This Tribunal has no jurisdiction to direct the competent authority to undo the' and to prepare seniority list ignoring the creation of the Multan region as desired by the appellant. He is not aggrieved of the seniority list of Multan Region prepared by the Chief Engineer of Multan. There is no cause of action by the appellant against the respondents. The appeal is dismissed in limine

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