1985 PLP (C (PLC(CS))

A.G. Humayun, District Attorney for Respondents. The appellant Muhammad Sharif has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has impleaded Government of the Punjab through Secretary, Industries Mineral Development Department, Lahore, Director of Industries & Mineral Development, Punjab Lahore, and Joint Director (Research) Government Industrial Research Laboratory, Lahore as respondents.

2. By virtue of this appeal the appellant has prayed that the impugned order, dated 22‑7‑1981 be set aside. He has further prayed that his seniority be fixed in the cadre of Research Assistants and in consequential thereof, he be ordered be placed in N.P.S. 16 in the interest of justice.

3. Brief facts of the case are that the appellant was appointed as Junior Research Assistant in the pay scale of Rs.215‑15‑

325. The appellant joined this post on 17‑4‑1965 but the appellant was paid his salary against the post of Assistant Oil Demonstrator which carried identical scale. However, during this period of service the appellant was shown as Junior Research Assistant on seniority basis which is clear from the seniority list as it stood on 1‑7‑1969 (Annex. B) wherein the appellant was shown as Jr. Research Assistant, against a permanent post, from 17‑4‑1965. But, the Department continued to draw the salary of the appellant against the post of Assistant Oil Demonstrator, the grade of which was identical to the post of Jr. Research Assistant. The post of Jr. Research Assistant was re‑designated as Research Assistant by the Government and was placed in N.P.S. 10 w.e.f. 1‑1‑1973. The post of Assistant Oil Demonstrator was also placed in N.P.S.‑10 w.e.f. the same date vide Finance Department notification, dated 22‑5‑1975. Thereafter, the post of Research Assistant was upgraded to N. P. S. 16 w. e. f. 27‑2‑1975 vide Finance Department notification, dated 27‑2‑1975. The post of Assistant Oil Demonstrator was not upgraded. The Provincial Government, was requested to upgrade this post to N.P.S.‑16 also to remove the anomaly. They regretted their inability to agree and desired to consider for re‑posting the appellant as Research Assistant. The matter is still undecided and is in consideration with the responding Department. Hence this appeal.

4. I have heard the parties. It has been conceded at the bar by the learned District Attorney, assisted by the representative of the Department, as per para. 5 of the parawise comments submitted by the respondent on the appeal which reads as follows:‑ "On receipt of the advice of Provincial Government for his re‑posting as Research Assistant, the Directorate had to examine the matter and approach the Provincial Government for necessary orders in this behalf. His claim for seniority as Research Assistant should have also been considered as he was originally appointed as Junior Research Assistant w.e.f. 17‑4‑1965 (Re‑designated) as Research Assistant. But, since he filed an appeal before the Punjab Service Tribunal the matter could not be decided by the Government. In order to redress the grievance of this official, it is desirable that he may be considered as Research Assistant, and allowed N.P.S.‑16 w.e.f. 27‑2‑1975 like his other colleagues. He can be shown as Junior Research Assistant w.e.f. 17‑4‑1965, i.e. from the date of his appointment and be adjusted in the seniority list of Junior Research Assistants on the basis of his date of his appointment as he was originally appointed as such.

5. Keeping the above concession of the respondent the appellant is entitled to be shown as Junior Research Assistant w.e.f. 17‑4‑19651 i.e. from the date of his appointment as such and as Research Assistant in N.P.S.‑16 w.e.f. 27‑2‑1975, like his other colleagues. The appeal of the appellant is accepted. The appellant is directed to be continuing as Junior Research Assistant w.e.f. 17‑4‑1965 as shown in the seniority list (as it stood on 1‑7‑1969) issued by the Department and Research Assistant in N.P.S.‑16 from 27‑2‑1975. Impugned order, dated 22‑7‑19811 is set aside. There are not orders as to costs. A. E. Appeal accepted.