1984 PLP (C (PLC(CS))

Syed Jamshed Ali for Appellant. Ehsan Jan for Respondents. Date of hearing: 8th December, 1983. A. O. RAZIUR RAHMAN (MEMBER).‑This appeal is against the order of Member (Water) WAPDA, dated 5th August, 1980, rejecting, the re presentation of the Appellant against the fixation of his seniority. The Appellant came in appeal before this Tribunal on 3rd September; 1980. The appeal was admitted, after preliminary bearing, on 32nd September, 1980 and, after regular hearing on 8th December, 1982 it is being disposed of by this order.

2. The case of the Appellant is that, having joined the service of WAPDA on 29th January, 1958, on work‑charged basis as Research Assistant and his service having been regularised as Junior Research Assistant on 25th April, 1960, he was promoted as Senior Research Assistant on 20th March, 1961 and later as Junior Research Officer on 14th November, 1974. He continues to hold this post till date, in the Research Branch of the Water Wing of WAPDA. Respondent No. 2 who joined the service of WAPDA on 18th May, 1962 as Junior Research Assistant, continued as such till he was selected and appointed as Junior Geologist in the Geological Branch of the Water Wing. However, on 12th July, 1976, respondent No. 1 accorded approval to the change of designation of respondent No. 2 retrospectively, with effect from 22nd October, 1974, from Geologist to that of Junior Research Officer, thus changing his cadre from that of Geological Branch to that of Research Branch. Later, he published a seniority list, in which Respondent No. 2 was shown at serial 5 of the list of Junior Research Officers, showing respondent No. 2's date of promotion as Junior Research Officer as 22nd October, 1974 and that of the Appellant as 14th Novem ber, 1974. This, according to the Appellant was not justified, inasmuch as it placed him as junior to Respondent No. 2, in spite of the fact that Respondent No. 1 who belonged to a different cadre, namely, the Geological Branch, to which he was appointed as Junior Geologist with effect from 27th September, 1974 could not be transferred after a lapse of about two years i.e., 12th September, 1976 by redesignating his post as that of Junior Research Officer in a different Branch altogether thus affecting the seniority of the appellant, who, by virtue of his appointment in the Research Branch as far back as 1960, earned promotion as Senior Research Assistant and later as Junior Research Officer on 14th September, 1974 and could not be deprived of his seniority by transfer of Respondent No. 2 to his Branch with retrospective effect.

3. We heard the parties in great detail and perused the relevant record. We find that according to the West Pakistan (WAPDA) (Water Wing), Scientific Service (Officers) Rules, 1970, the service consists of as many as six different branches, including the Research Branch and the Geological Branch. According to rule 9 of these Rules, seniority is to be determined separately in the various cadres on certain principles laid down therein. Under rule 5, recruitment of Junior Research, Officers is to be made by promotion from among members of the service holding the post of Senior Research Assistant with 5 years' experience. The Appellant was promoted as Senior Research Assistant on 20th March, 1961 and he had held this post for more than 13 years when he was pro moted as Junior Research Officer. As against this respondent No. 2, who belonged to the Geological Branch, joined as Junior Research Officer on 15th August, 1962. He was never promoted as Senior Research Assistant nor as Junior Research Officer. On the other hand, on 27th September 1974, he was selected as Junior Geologist and was thus inducted as such with effect from this date in the Geological Branch. His redesignation, with retrospective effect, amounted to his appoint ment as Junior Research Officer by direct recruitment, when the rules provide for appointment of Junior Research Officers by promotion from among the Senior Research Assistants with 5 years' experience. Respon dent No. 2 never worked as Senior Research Assistant and he did not have 5 years' experience as such; therefore, he could not be promoted as Junior Research Officer. Moreover, such promotion could not be with retrospective effect, particularly when it adversely affected the seniority of the Appellant. If at all he was to be appointed as Junior Research Officer his seniority could count only from the date of his continuous appointment in the new capacity. The placement of respondent No. 2, therefore, at a seniority higher than that assigned to the appellant is thus without any justification either, under the rules or in equity and fairplay and we find no reason for upholding the impugned order rejecting the representation of the appellant against the seniority assigned to him.

4. During the course of the hearing, respondent No. 2 expressed his willingness to go back to his own cadre, i.e., that of Junior Geologist in the Geological Branch. In view of this willingness also of Respondent No. 2, there would not appear to be any ground left for denying to the appellant the relief prayed for.

5. In the light of the above, the appeal is allowed and it is ordered that, the appellant who was promoted as Junior Research Officer on 14th November, 1974, shall be placed next above respondent No. 2 in the seniority list issued on 26th July, 1977 and that respondent No. 2 shall be transferred back to the Geological Branch as Junior Geologist, where he shall count his seniority as such, with effect from 27th October, 1974 and be given his position on the basis of this seniority in the seniority list of officers of the Geological Branch.

6. No order as to costs. A.E. Appeal allowed,