1996 PLP (C (PLC(CS))

Appellant in person. Ch. Muhammad Yousaf alongwith Hussain Ahmed, D.R. for Respondents. Date of hearing: 22nd January, 1995. AFTAB AHMAD (MEMBER).

The facts of this appeal are that the appellant was appointed as Assistant Signal Engineer on regular basis in Grade-16 by order dated 7-10-1976. Consequent upon the upgradation of the post, he was placed in Grade-17 by order dated 4-11-1979. He reached the maximum of Grade-17 on 1-12-1987 and was allowed move-over in B-18 with effect from 1-12-1988. We are informed that by this time the appellant has reached maximum of B-18.

2. The grievance of the appellant, however, is that having been promoted in Grade-17 on regular basis, his name has not been included in the seniority list of the cadre to which he belongs. The stand taken by the respondents, at the hearing of the appeal as well as in the comments, is that the appellant is working against a temporary post and his promotion in B-17 was not regular but it was as a result of upgradation and as the appellant is not holding a permanent post, his name could not be included in the seniority list.

3. Section 8(1) of the Civil Servants Act, 1973, provides that for proper administration of a service, cadre or post the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or post. As such it is the duty of the appointing authority to prepare a seniority list in accordance with the law and call for objections by the aggrieved civil servants. We, therefore, direct that the name of the appellant may be included in the seniority list of Grade-17 Officers of this. cadre. He shall be at liberty to file objections and seek remedy according to law. This exercise shall be completed within a period of two months and compliance report submitted to the Tribunal. With these observations, the appeal stands disposed of. ABDUL RAZZAQ A. THAHIM (CHAIRMAN)

I agree with my brother and add that due to upgradation of the post of Assistant Signal Engineer from BPS-16 to BPS-17, all those working as such in BPS-16 are now in BPS-17, therefore, there is no post in BPS-16 where his lien is kept or in the seniority list his name is shown, with the result that his name is to be shown in the seniority list of BPS-17 where he is working since 1979 and also reached the maximum of BPS-18. He earlier approached Tribunal and was allowed move-over from BPS-17 to BPS-18 by judgement dated 13-5-1991 in Appeal No. 450 (Q)/

89. We have taken serious note that cases of regularisation are not being finalised even after decade. H.B.T./1096/Sr.F Order accordingly.