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Case No. 818/1078 of 1984, decided on 28th November, 1985.

Punjab Service Tribunals Act (IX of 1974)‑‑

‑‑‑S. 4‑‑Promotion‑‑Health Department employee of ministerial cadre in Mayo Hospital, Lahore (appellant) working as Assistant transferred to another Institute‑‑Person junior to appellant promoted as Superintendent without considering merits of appellant being away to other Institute‑‑ Appellant, held. should have been considered in preference to his junior‑‑Respondent Department directed that appellant be considered for promotion as Superintendent from date his junior was so promoted.

Masud Ahmad Riaz for Appellant.

Haroon Rashid Cheema, District Attorney for Respondent.

. Mr Ashiq Zia, Assistant/Head Clerk of Health Department has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Secretary to Government of the Punjab, health Department, Medical Superintendent. Mayo Hospital, Lahore and Mr. Alamdar Hussain, Superintendent, Mayo Hospital, Lahore as respondents.

2. By virtue of this appeal the appellant has prayed that the impugned order, dated 10‑6‑1984 be set aside and respondents Nos. 1 and 2 be directed to promote appellant or to consider him for promotion as Superintendent form the date his junior Mr. Alamdar Hussain was promoted as such.

3. Brief facts of the case are that the appellant joined service as Junior Clerk, w.e.f. 29‑5‑1953 at Nishtar Hospital, Multan. Similarly respondent No. 3 Mr. Alamdar Hussain, joined Government service in the ministerial cadre of the Health Service, w.e.f. 26‑2‑1954. As the appellant and contesting respondent No. 3 both belong to the same cadre, their inter se seniority was fixed, vide seniority list of Group Sub‑cadre 'C' of the ministerial staff of the Health Directorate Punjab, Lahore in which the appellant was shown at serial No. 105 and the respondent No.3 was shown at serial No. 114 in view of the dates of appointments. Further the appellant was promoted as senior clerk, w.e.f. 5‑3‑1963 and the contesting respondent No.3 was promoted as senior clerk, w.e.f. 11‑5‑1963. The appellant was transferred to Mayo Hospital and posted there as senior clerk, w.e.f. 10‑1‑1970 whereas the respondent No. 3 was also transferred to Mayo Hospital, ‑w.e.f. 23‑10‑1971. While the appellant was still working as senior clerk at Mayo Hospital, Lahore he was posted at Service Hospital, Lahore and was promoted as Accountant N.P.S.‑8. Subsequently, the appellant was again transferred from Services Hospital, Lahore and posted as Accountant at Mayo Hospital, Lahore in the same grade. While the appellant was working as Accountant in N.P.S.‑8 in Mayo Hospital he was promoted as Assistant in N.P.S.‑10 in the Mayo Hospital, Lahore against a newly created post of Assistant, vide order dated 18‑3‑1980 (Annexure 'B') which was issued by the Medical Superintendent, Mayo Hospital, Lahore. In the same order respondent No. 3 was promoted from the post of senior clerk in. N.P.S.‑6 to the post of Accountant in N . P . S . 8. The appellant remained working in Mayo Hospital. Seniority list of Ministerial Staff of Mayo Hospital, Lahore corrected upto 31‑7‑1972 (Annexure 'C') was issued wherein the appellant was shown at serial No. 7, in view of his earlier date of promotion as senior clerk whereas contesting respondent No. 3 was shown at serial No. 9 as senior clerk. The appellant continued working as Assistant in Mayo‑Hospital, Lahore and was transferred and posted in King Edward Medical College, Lahore against the post of Assistant/Head Clerk, vide order, dated 4‑4‑1982 issued by the Secretary, Government of the Punjab, Health Department, Lahore and lately is working in the office of Director Health Services, Lahore. Later on the respondent No. 3 was promoted as Assistant and then as Superintendent in N.P.S.‑15, w.e.f. 9‑6‑1984. The appellant made a representation, dated 24‑6‑1984 to the Secretary, Government, of the Punjab, Health Department, Lahore, that the appellant who was senior to the respondent No. 3 as Assistant and also belong to the Mayo Hospital, should have been promoted in preference to contesting respondent No 3 as Superintendent in N.P.S.‑15 which has not been decided so far. The appellant has come to this Tribunal after the statutory period of 90 days and within next 30 days. Hence this appeal.

4. We have heard the parties i.e. Mr. M.A. Riaz, Advocate for the appellant and Mr. Haroon‑ur‑Rashid Cheema, District Attorney on behalf, of the respondents.

It has been argued by the learned counsel for the appellant that the appellant was borne on the cadre of Mayo Hospital, Lahore as Assistant and he was transferred in the public interest from the Mayo Hospital by the Secretary, Government of the Punjab, Health Department, Lahore. As the appellant was borne on the cadre of Mayo Hospital, the appellant should have been considered for promotion in absentia when the appellant was away and he should have been promoted as Superintendent in N.P.S.‑15

in preference to his junior, contesting respondent Mr. Alamdar Hussain, Superintendent, who was promoted as Assistant on 1‑4‑1982 by the M.S. Mayo Hospital whereas the appellant was promoted by the M.S. Mayo Hospital, w.e.f. 13‑3‑1980. Thus, the appellant was far senior to the contesting respondent No. 3 and this respondent has been promoted as Superintendent without considering, by the appellant in violation of the Rules 14 of the Punjab Civil Servants (Appointment and Condition) of the Service Rules. The learned counsel for the appellant has prayed that the respondents be directed that the appellant be promoted from the date 9‑6‑1984, from which his junior was so promoted.

6. On the other hand the learned District Attorney assisted by the representative of the respondent has submitted that at the time when contesting respondent No. 3, Alamdar Hussain, was promoted the appellant was not working in the Mayo Hospital, Lahore and at that time he was working with the Director, Health Services, Punjab, Lahore, hence he had no right for the promotion to the post of Superintendent in N.P.S.‑15

as the appellant was not borne on the cadre of Mayo Hospital, Lahore and was working in the other cadre.

7, We have given our anxious thought to the arguments of the parties. We have also perused the record of this case .to find whether the appellant was borne on the cadre of the Mayo Hospital and had to be considered for promotion when his junior was so promoted. In this matter the Secretary, Government of the, Punjab, Health Department was asked to put up the record to decide the issue. Para. 3 of the Letter No. SO (Admn‑IV) 1‑1/83(P), dates: 10‑11 1985, received from the Government of the Punjab, Health Department, Lahore is reproduced below: ‑

"3. The seniority of the non‑gazetted officials is maintained .by the Institution where the officials work. In the instant case the official had been working in Mayo Hospital. Therefore, respondent No. 2 is the officer concerned to produce seniority list in question. He is being asked to produce the same before the tribunal at an early date."

The abovequoted contents makes it clear that the seniority list of the appellant is to be maintained in the same Institution where he had been serving. The service record of the appellant makes it clear that the appellant was working in the Mayo Hospital when he was promoted as Assistant in N.P.S.‑10

on 18‑3‑1980 by the Medical Superintendent, Mayo Hospital, Lahore and continued working as such upto 4‑4‑1982. The appellant was transferred in April, 1982, by the Secretary to Government of the Punjab, Health Department, Lahore to another Institution (K.E.M.C.) The above factual position and the concession made by the Secretary, Health Department, vide para. 3 mentioned above makes it clear that the appellant was borne on the cadre of the ministerial staff of the Mayo Hospital, Lahore. The appellant should have been considered for promotion against the post of Superintendent in N.P.S.‑15

in preference of respondent No.3, being junior to him end the appellant should have been promoted as Superintendent in N.P.S.‑15, w.e.f. 9‑6‑1984, the date from which his junior was so promoted.

8. The result of the above analysis of the case is that the appeal is accepted. The respondents are directed that the appellant be considered for promotion as Superintendent. N.P.S.‑15, from 9‑6‑1984, the date from which his junior Alamdar Hussain, respondent No. 3 was so promoted.

There is no order as to costs.

A.E. Appeal accepted.

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