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Case No. 2/10 of 1971, decided on 8th June 1971.

Official working temporarily in other department and not likely to stay away for over three years‑Lien such official cannot be suspended‑Appellant praying for directions, for removal of name of such official from seniority list in order to accommodate him‑Tribunal, held, cannot Issue direction to competent authority to omit name of such official from seniority list Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), S. 4.

Appellant in person.

A. G. Humayyun, Government Pleader for Respondents

Nos. 1 and 2 assisted by Wazarat Ali, Assistant of the Office of Director of Industries.

Respondent No. 3 in person.

Date of hearing: 8th June 1971.

Mr. Muhammad Hanif Chohan is aggrieved of the order (Annexure 'A') by which he was declared to be surplus and was accommodated as Stenographer in the office of the Chairman Punjab Labour Appellate Tribunal; Lahore. This order was passed as a result of the dissolution of One Unit. The appellant has prayed that he should be brought at number 7 of the seniority list of Stenographers of the Office of the Directorate of Industries, Punjab, instead of number 8 as at present. It has been contended by the appellant that Mr. Nazar Muhammad, Superintendent (Industrial Estate), Directorate of Industries and Mineral Development Lahore, who is at present at serial No. 5, should be omitted from the seniority list, and by doing so, he should be brought up at No. 7 instead of No.8. It is con ceded by him that there is no dispute about the seniority of the Stenographers, and he has been rightly placed at No. 8. His main contention is that Mr. Nazar Muhammad, being in a different department and on a higher post, should not be included in the seniority list. The total number of posts of Stenographers. In the Office of Director of Industries is seven, and if the name of Mr. Nazar Muhammad is omitted from the seniority list, then the appellant would be placed at serial No. 7 and thus he cannot be declared to be surplus.

Mr. Wizarat Ali, Assistant of the Office of Directorate of Industries, has informed us that the post of Superintendent in the Industrial Estate Organization is temporary and is sanctioned from year to year. The sanction for the next financial year has not yet been received. There are seven posts of Stenographers, but one of these posts is lying vacant from 1st of July 1970, in order to accommodate respondent No. 3 if and when he is reverted.

It is obvious that the post has been kept vacant for almost a year, although respondent No. 3 has continued as Superintendent in another organization. However, it is for the competent authority to decide whether a post should be kept vacant or it should be utilised. The appellant has been absorbed in an equivalent post in the office of the Chairman, Labour Appellate Tribunal from 10th October 1970,

The lien of respondent No. 3 cannot be suspended as he is not likely to stay away from his department for over three years. We have been informed that the scheme is not to be sanctioned 4 for the next financial year and he may revert on the 1st of July 1971. In view of this position we cannot direct the competent authority to remove his name from the seniority list of Steno graphers of the Office of Director of Industries. His lien has to be maintained because of his impending reversion.

In case the post of Superintendent continues in the next financial year, then the competent authority can consider the reporting of the appellant in the 7th vacancy of Stenographer if the service of another Stenographer is required. This Tribunal is unable to issue direction to the competent authority to omit1B the name of Mr. Nazar Muhammad from the seniority list.

The appeal is, therefore, dismissed with no order as to costs.

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