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ASBFAQ HUSSAIN RANA versus GOVERNMENT OF THE PUNJAB


Punjab Service Tribunals Act 1974 Section 4 does not lie against the Appellate Tribunal against the temporary seniority list as appellant's seniority, as shown in the provisional seniority list, appealed, the final seniority list was published and the appellant department The Service Tribunal accepted premature application from the department to exclude representation

1984 P L C (C. S.) 69

[Service Tribunal Punjab]

Present: S. Abdul Jabbar Khan, Chairman and Abdul Hamid Chaudhry, Member

ASHFAQ HUSSAIN RANA

Versus

GOVERNMENT OF THE PUNJAB AND 2 OTHERS

Case No. 639(1422 of 1,981, decided on 18th May, 1983.

Punjab Service Tribunals Act (IX of 1974)‑

‑‑S . 4‑Appeal before Tribunal‑Does not lie against tentative seniority list‑Appellant aggrieved of his seniority position as shown in tentative seniority list‑‑Appeal, held, premature‑‑Request for direction to Department to publish final seniority list and disposal of representation of appellant accepted by Service Tribunal.

Ch. Mushtaq Masood for Appellant.

Masud Ahmad Riaz for Respondent No. 3.

A. G. Humayun, District Attorney for Respondent.

JUDGMENT

ABDUL JABBAR KHAN (CHAIRMAN).-

‑Ashfaq Hussain Rana, Assistant Agricultural Engineer has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded Govern ment of the Punjab through the Secretary to Government of the Punjab, Agriculture Department, Lahore, Chairman, Public Service Commission, Lahore and M/s. Mian Muhammad Afzal and 39 others, as respondents.

2. By virtue of this appeal he has prayed that the appellant be assigned seniority from the original date of appointment i.e. 16th June, 1968 and the seniority so assigned to him from 7th August. 1973 was arbitrary and against the principle of natural justice.

3. This case became ripe for arguments and was heard on 28th April, 1983 when it was pointed out by the learned counsel for the respon dents that the seniority list which has been impugned, has not yet been made final, therefore, no appeal would lie against a tentative list and the case before this Tribunal, was premature. When confronted with this situation the learned counsel for the appellant has submitted that the case may be disposed of with the direction to the respondent Government to publish final seniority list as well as to dispose of the representation of the appellant so filed by him before the said authority.

4. We do not find any difficulty in accepting this request as it will be in the interest of justice and fair‑play to finalize the list and dispose of the representation of the appellant so pending with the Government so as to apprise the appellant of his real seniority position after the disposal of his representation..

5. With this observation, we dispose of the appeal as immature. There will be no order as to costs.

A.B Appeal dismissed.

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