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Case No. 11/1523 of 1982, decided on 24th March, 1983.

‑‑S. 4‑Seniority list challenged by appellant already set aside by Tribunal in earlier appeal of other appellant in which present appellant cited as respondent‑Appeal, in circumstances, dismissed as rendered infructuous.

Appellant in person.

Haroon‑ur‑Rashid Cheema, District Attorney for Respondents Nos. 1 and 2.

Respondents Nos. 3 to 7 in person.

Agha Sher Muhammad, Zilladar has made this appeal, wherein he has impleaded the Chief Engineer (Irrigation) Sargodha, the S. E. (Hqr) Irrigation, Sargodha; Raj Asghar Ali, Zilladar L. J. C. Circle, Dost Muhammad, Zilladar Reclamation Office, A. I. R. Sargodha, Nazir Ahmad, Zilladar Reclamation Office, A. L. R., Sargodha, Ali Gohar Zilladar c/o S. E. (Hqr.), Sargodha and Mujeeb Ahmad Zilladar c/o S. E. (Hqr.), Sargodha as respondents.

2. By virtue of this appeal the appellant has prayed that impugned order dated 9‑12‑1981 of respondent No. 1 be set aside and order dated 24‑5‑1980 by which the appellant was placed at Serial No. 14 of the seniority list may be restored.

3. Brief facts of the case are that the appellant Agha Sher Muhammad, Zilladar, has claimed that his seniority position was fixed at Serial No. 14 vide order dated 24‑5‑1980, which was relegated to Serial No. 17 vide respondent No. 1 order dated 9‑12‑1981. The appellant has prayed that the impugned order dated 9‑12‑1981 of Chief Engineer, Sargodha, be set aside and order dated 24‑5‑1980 be restored placing the appellant at Serial No. 14 of the seniority list. Hence this appeal,

4. We have heard the parties. An Appeal No. 6/1522 of 1982 on identical questions of law and facts was decided by this Tribunal vide judgment issued on 19‑12‑1982, wherein Mr. Ali Gohar and Mr. Mujib Ahmed were the appellants and Agha Sher Muhammad, present appellant, and Mr. Nazir Ahmed, Zilladars were respondents. In the judgment dated 19‑12‑1982 mentioned above, the following decision was taken :‑

"It appears that true facts were not brought to the notice of the Chief Engineer, Irrigation, Sargodha, respondent 2, when the impugned order dated 9‑12‑1981 was passed by him and he was not oblivious of the aforesaid important orders issued by various departmental authorities, although these orders had vital bearing on the case. Keeping this in view, the result is that the impugned order dated 9‑12‑1981 of respondent No. 2 and the seniority list so prepared on that basis and circulated vide letter No. 5521‑23/AII/82/612/74 dated 25‑3‑1982 by respondent No. 1, are set aside. The case is remanded to Chief Engineer, Irrigation, Sargodha, respondent No. 2, who is directed to decide the case afresh keeping in view the above detailed facts, observations and the rules on the subject. Important issue involved in this case which requires thorough examination by the respondent No. 2, is, what was the significance of the issuing the above‑mentioned orders of the contesting respondents Nos. 3 and 4 as departmental candidate Zilladars in the years 1973 and 1970 respectively vis‑a‑vis the order issued on 20‑12‑1961 bestowing the similar status upon the two appellants. He is further directed to decide the issue after hearing the parties, if considered necessary and the seniority list be got issued within three months of date of issue of this judgment."

5. From the above facts, it is clear that the impugned order dated 9‑12‑1981 has already been set aside and, thus, the impugned order, which the appellant has prayed for setting aside, is not in the field and not operative. The respondent No 1 has already been directed to decide the issue afresh after hearing the parties and to issue the revised seniority list.

6. Keeping the above analysis in view, the impugned order dated 9‑12‑1981 so impugned in this appeal is not in the field, has already been set aside and. thus, the appeal of the appellant has become infructuous Thus, the appeal of the appellant is dismissed as rendered infructuous.

There will be no orders as to costs.

Judgment be communicated to the parties.

Appeal dismissed.

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