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Cases Nos. 57, 58, 59, 65, 66, 155, 156 and 157 of 1984, decided on 29th March, 1984.
‑‑‑S.4‑‑Appeal before Tribunal‑‑Maintainability‑‑Exhausting depart mental remedy‑‑Representation to next higher authority‑‑Point of law and facts common in a number of cases‑‑One of aggrieved parties agitates before concerned departmental authority‑‑Such representation, held, to be considered on behalf of all appellants‑‑Maintainability of appeals objected on grounds that appellant failed to come before Tribunal after 90 days of their filing representation to next higher authority‑‑Tribunal finding that judgment involving common point of law and facts delivered in another case would be equally applicable to instant appeals‑‑Judgment so delivered in other case, in circumstances, held, should be the judgment in instant appeals also.
P L D 1983 S C 436 and N L R 1984 T D 573 ref.
1977 P L C (C.S.) 165 rel.
D.M. Awan and Masud Ahmad Riaz for Appellants.
A.G. Humayun, District Attorney for Respondents.
‑‑ Messrs Khalil Akhtar Ranjha, Muhammad Ashraf, Muhammad Bashir, Mushtaq Ahmad Farooqi, Nazir Ahmad Mian, Abdul Haq, Abdul Hafeez and Muhammad Sharif Cheema, all Sub‑Divisional Officers, have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974. In Appeal No. 57 of 1984, Khalil Akhtar Ranjha has impleaded the Secretary to Government of the Punjab, Irrigation and Power Department, Lahore, Chief Engineers, Irrigation, Lahore Zone, Lahore, and Mahmood Ahmad Khan c/o Chief Engineer, Irrigation Lahore Zone, Lahore, in Appeal No. 58 of 1984, Muhammad Ashraf has impleaded Secretary to Government of the Punjab Irrigation and Power Department, Lahore, Chief Engineer, Irrigation, Lahore Zone, Lahore, Anwar Ahmad Syed c/o Chief Engineer, Irrigation, Lahore, Zone, Lahore, in Appeal No. 59 of 1984, Muhammad Bashir has impleaded the Secretary to Government of the Punjab, Irrigation and Power Department, Lahore, Chief Engineer, Irrigation, Lahore Zone, Lahore, Nazir Ahmad, Assistant Executive Engineer c/o Chief Engineer, Irrigation Lahore Zone, Lahore, in Appeal No. 65 of 1984, Mushtaq Ahmad Farooqi has impleaded the Secretary to Government of the Punjab, Irrigation and Power Department, Lahore, Chief Engineer, Irrigation, Lahore Zone, Lahore and Muhammad Tariq, Assistant Executive Engineer c/o Chief Engineer Irrigation, Lahore Zone, Lahore, in Appeal No. 66 of 1984 Nazir Ahmad Maan has impleaded the Secretary to Government of the Punjab, Irrigation and Power Department, Lahore Chief Engineer, Irrigation, Lahore Zone, Lahore, and Riaz Rashid, Assistant Executive Engineer c/o Chief Engineer, Irrigation, Lahore Zone, Lahore, in Appeal No. 155 of 1984 Abdul Haq has impleaded Secretary to Government of the Punjab, Irrigation and Power Department, Lahore, and the Chief Engineer, Irrigation, Faisalabad Zone, Faisalabad; in Appeal No. 156 of 1984, Abdul Hafeez has impleaded the Secretary to Government of the Punjab, Irrigation and Power Department, Lahore, and Chief Engineer, Irrigation, Faisalabad Zone, Faisalabad; and in Appeal No. 157 of 1984 Muhammad Sharif Cheema has impleaded the Secretary to Government of the Punjab, Irrigation and Power Department, Lahore and the Chief Engineer, Irrigation, Faisalabad Zone, Faisalabad, as respondents.
2. By virtue of these appeals all the appellants have prayed that they may be allowed the sanctioned pay; i.e. N.P.S.‑7 of the post of Sub‑Divisional officer on and with effect from the date mentioned in their respective Memo. of Appeal.
3. As the point of law as well as facts are common in all these appeals. We will dispose of all the eight eases with this our single judgment.
4. We have heard the learned counsel for the appellants as well as learned District Attorney assisted by Mian Bashir Ahmad, Deputy Secretary (Admn.), Irrigation and Power Department and have perused the entire record of the case with their assistance.
5. In all these appeals, a strong exception was taken by the learned District Attorney that as they have failed to come before this Tribunal after 90 days of their filing the representations to the next higher authority, therefore, their appeals would be incompetent in the light of ruling of the Supreme Court of Pakistan reported as P L D 1983 SC 436.
6. Be that as it may, the principle laid down in our judgment delivered in the case of Messrs Syed Ghulam Jilani Shah and Ghulam Rasool in Appeals Nos. 24 and 67 of 1984. Now reported as NLR 1984 TD 573, will be equally applicable in these appeals in view of reported case 1977 P L C (CS) 165, a decision of this Tribunal, that if the point of law and facts are common in a number of cases and one of the aggrieved parties agitates before the Departmental Authority concerned it will be considered to be representation on behalf of all the appellants. In this matter, the judgment so delivered by us in case of M/s. Syed Ghulam Jilani Shah and Ghulam Rasool mentioned above, be read as judgment delivered in these cases also.
7. Resultantly the appeals succeed. Judgment be released to the parties.
A.E. Appeals accepted.
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