MUHAMMAD YOUSUF AWAN Versus SECRETARY TO GOVERNMENT OF PUNJAB, IRRIGATION

MALIK ZAWWAR HUSSAIN (MEMBER). ‑In case of Muhammad Yousaf Awan, written statement has been filed on behalf of respondent No. 3 On the last date of hearing an application on behalf of respondent Ns. 4 and 6 was filed stating that the impugned Notification dated 1p‑7‑1982 has been cancelled by a Notification dated 28‑7‑1982 (Annexure R 4/1), thus the appeal has become infructuous and is liable to be dismissed. A notice was issued to the appellant for' today. Malik Amjad Hussain, Advocate appearing on behalf of the appellant has submitted an applic ation, in its reply, with the request that the appeal may be treated as an appeal against the Notification dated 28‑7‑1982 and he may be permitted to continue with the appeal.

2. We have heard the arguments of the parties. Since the impugned Notification has been cancelled and a new seniority list has been issued vide Notification dated 28‑7‑1983, so the present appeal has become infructuoua because the order impugned in the appeal is no longer in the A field. There is no force in the request of the appellant to allow him to treat the present appeal as an appeal against the Notification dated 28‑7‑1982.

3. In view of the above, the application filed on behalf of the appellant and his appeal is dismissed. However, if advised, the appellant may file fresh appeal against the new Notification in accordance with law, which would be subject to all just exceptions.

Them will be no orders as to costs.

Appeal dismissed.