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Civil Petition No. 770 of 1982, decided on 9th March, 1983.

(From the judgment dated, 17‑6‑1982 of the Punjab Service Tribunal Passed in Case No. 614/1507 of 1981).

‑‑‑‑‑ Art. 185(3)‑West Pakistan Civil Service (Executive Branch) Rules, 1964, r. 5‑B‑‑Civil service‑Seniority‑Civil .servant appearing at test, held, under Rules for promotion but failing to qualifying as such not given seniority over those qualifying tests Contention that such civil servant not having agitated promotion made after his failure to qualify test could not seek reopening of question of seniority assigned to others in higher service‑Point raised requiring examination, leave to appeal granted.

Raja Muhammad Anwar, Senior Advocate Supreme Court, instructed by Muhammad Aslam Chaudhary, Advocate‑on‑Record for Petitioners.

Dr. A. Basit, Advocate Supreme Court and Riaz Anwar, Advocate Supreme Court instructed by Rana M. A. Kadri, Advocate‑on‑Record for Respondents.

Date of hearing: 9th March, 1983.

Respondent Muhammad Nawaz Maqhdoom, who had joined service as Naib‑Tehsildar and was officiating as Tehsildar in 1974, was not considered for promotion when 14 officers junior to him in the list of Naib‑Tehsildars were promoted as E. A. Cs. on 10‑7‑1974. He was promoted on 9‑4‑1980 effective from 6‑4‑1980. He, thereupon, represented for according him seniority over the officers who though junior to him as Naib‑Tehsildars had been earlier promoted and thus placed senior to him. His effort succeeded only to the extent that he was granted pro forma promotion with effect from 1‑8‑1978. He thereupon filed appeal before the Punjab Service Tribunal who, upon the view that as he had neither been considered nor superseded in the matter of promotion in 1974, was entitled to seniority over those who had been junior to him as Naib‑Tehsildars, directed that be placed at Serial No. 60 in the seniority list.

2. It has been submitted that respondent Muhammad Nawaz Maqhdoom had in 1974 appeared alongwith petitioners 1, 2 and 3 at the test held for promotion under Rules 5‑B of the West Pakistan Civil Service (Executive Branch) Rules, 1964 as amended on 21‑12‑1973 but had failed to qualify and as such he could not be given seniority over them. It is further submitted that the said respondent, not having agitated the promotions made in 1974, could not seek the reopening of the question of the seniority assigned to the petitioners in the higher service. The points raised, in our view, required to be examined. We accordingly grant leave to appeal, with the direction that the appeal be heard by a Bench in the coming full Court Session.

M. Z. M. Leave granted.

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