1988 PLC(CS) 799

ORDER

1. Petitioners 8 in number, prayed for the permission to become respondents in the instant appeal on the ground that the appellant was junior to them in the seniority list dated 21-5-1980 and if his appeal succeeds, he will supersede them, their valuable rights shall be damaged and they will have to enter into litigation after the decision of the present appeal.

2. Application was denied by the appellant on the ground that he claims his seniority on his appointment as Assistant Engineer by the Public Service Commission. The seniority list was incorrect qua him and the petitioners are junior than him.

3. Arguments heard and the available record seen. Petitioners are shown at S.Nos. 26 to.28 and 30 to 33 of the seniority list dated 21-5-1980. I was told at the bar that petitioner Syed Ajmal Shah is just below the petitioner Abdul Ahad in the revised seniority list which was not attached with the petition. According to the representative of the department the name of respondent No. 3 figures in the seniority list after Mr. Nimat Shah who is at S.No. 17. Appellant on the other hand claims seniority over respondent No. 3.

4. Rule 20 of the rules framed in the light of the Act, 1974 empowers the Tribunal to implead a person as a party who is interested in the result of the appeal. Similarly although strictly speaking the provisions of C.P.C. are not applicable to the proceedings before a Tribunal, yet the spirit embodied in the rules, so far it does not stand against the special enactment and the rules framed there under, are to be followed by the Special Tribunal like the present one. These principles emphasize that anybody who might be aggrieved by an order passed in his absence by a Court/Tribunal must be allowed to contest the same. The position that emerges in the present case is that petitioners claim seniority over the appellant and they apprehend that their valuable rights shall be at stake if they are not given the opportunity to contest the appeal. They are marked senior than the appellant in the seniority list, attached with the appeal and if in the long run the appeal succeeds, they will suffer an irreparable loss and will be constrained to file appeals or enter into litigation qua the appellant. So it is appropriate, fair and in the interest of justice that they be allowed to contest the appeal as respondents. Appellant is directed to furnish the copies of the amended appeal within 10 days from today and the respondents are directed to file the written statement at camp Court, Abbottabad on 17-8-1988.

5. AA./92/Sr. N

6. Application allowed.