Dr. B. A. QURESHI Versus GOVERNMENT OF PUNJAB THROUGH SECRETARY TO

ORDER

1. S. A. MAHMOOD (CHAIRMAN).‑ By this appeal under section 8 of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970, Dr. B. A. Qureshi, appellant, claims that he is entitled to seniority in Class I of Provincial Health Service from 11‑4‑1959, the date of continuous officiation, and further prays that the respondent No. 1 be directed to assign him suitable seniority at the appropriate place, in the seniority list, published on 1‑7‑65.

2. In this appeal the respondents are the Government of the Punjab, Dr. Muhammad 1jaz‑ul‑Hassan, Dr. Mahmood Bakhsh Khawaja, Dr. Elahi Bakhsh Soomooro, Dr. Badar‑ud‑Din Chaudhry, Dr. Muhammad Aslam Chughtai, Dr. S. A. R. Hamdani, Dr. Mahmood‑ul‑Hassan Qureshi, Dr. Khalil‑ur Rehman, Dr. Rashid Khan Mian, and Dr. Muhammad Siddique Faridi, respondents 1 to 11. Mr. A. G. Hamayun, Government Pleader, appeared on behalf of the Government of the Punjab. Mr. Maqsood Hassan Advocate appeared before us for respondent No. 2 Mr. Said Hassan Advocate appeared for respon dents 4 to 6, Dr. Mahmood Bakhsh Khawaja and Dr. Muhammad Siddique Faridi; were present in person.

3. We have just decided the appeal of Dr. Capt. Din Muhammad Durrani (Case No. 636/331 of 1970), by which we have held him senior to Dr. Mahmood‑ul‑Hassan Qureshi, Dr. Muhammad Siddique Faridi and Dr. Muhammad Ahmadi, but otherwise the appeal has been dismissed as against the other respondents. While his date of confirmation was 6‑4‑1962, the date of confirmation of Dr. B. A. Qureshi appellant is 8‑5‑1962. Dr. B. A. Qureshi was also recruited to Bahawalpur State Health Service like Dr. Capt. Din Muhammad. We may mention that their inter se seniority in Class II is not in dispute. Their inter se seniority is to be found in the provisional half‑yearly gradation list of Medical Officers of West Pakistan Health Service (Class II), corrected up to 31‑12‑1956. His seniority as shown in this gradation list has not been disputed before us. The seniority in dispute is in the rank of Class I alone.

4. We have held in the case of Dr. Capt. Din Muhammad, referred to above, that inter se seniority of the appellant vis‑a‑vis the respondents is governed by paragraph 17 (b) and (c) of the Integration Circular. The same is applicable to this case. As between promotees, the date of confirmation or in other words substantive appointment will determine their seniority vis‑a‑vis direct recruits. Under sub‑para (c) the date of appointment to the Service on probation will be the date for the purposes of A seniority of direct recruits and the date of substantive appointment will determine the seniority of a promotee.

5. Out of the respondents, Dr. Muhammad Ijaz‑ul‑Hassan, Dr. Khalil‑ur‑Rehman and Dr. Rashid Khan Mian are direct recruits. The remaining respondents are promotees.

6. On the principle stated in sub‑para. (c) of paragraph 17 of the Integration Circular, the appellant does not gain Seniority over the direct recruits mentioned above. Therefore, hiss claim qua them is dismissed.

7. As regards promotees, the date of confirmation of Dr. Muhammad Siddique Faridi and Dr. Mahmood‑ul‑Hassan Qureshi being later, the appellant is entitled to rank senior to them. The date of confirmation of Dr. S. A. R. Hamdani and the appellant is the same, namely 8‑5‑1962. In their case, there is no order B of merit assigned to them by the Public‑Service Commission. That being so, the older of the two will rank senior. As the appellant is older in age, he will rank senior to Dr. S. A. R. Hamdani.

8. We thus hold the appellant senior to Dr. S. A. R. Hamdani, Dr. Mahmood‑ul‑Hassan Qureshi and Dr. Muhammad Siddique Faridi. The appeal fails otherwise. It is hereby partly‑ accepted. There will be no order as to costs.