MRS. S. J, USMANI vs GOVERNMENT OF PUNJAB THROUGH SECY., EDUCATION
This petition for leave to appeal arises from an order of the Punjab Service Tribunal regarding a dispute over seniority and the grant of a Selection Grade in the Education Department. The petitioner, a teacher, challenged the grant of Selection Grade to respondents based on a 1974 seniority list, while simultaneously challenging a subsequent 1980 seniority list that placed her junior to those same respondents. The Service Tribunal dismissed her appeal against the 1980 seniority list as time-barred, a decision that became final. Consequently, when the petitioner's appeal regarding the Selection Grade came for hearing, the Tribunal dismissed it, reasoning that the seniority issue was already settled by the finality of the earlier decision and that the Tribunal could not review its own previous order. Furthermore, the Tribunal held that the grant of Selection Grade involved discretion based on seniority-cum-fitness. The Supreme Court upheld the Tribunal's decision, finding it justified as the seniority issue was res judicata and the grant of Selection Grade fell within the discretionary authority of the department. The petition was dismissed.
- Can a Service Tribunal reopen an issue of seniority that has been decided in a previous, final order?
- Is the grant of a Selection Grade based on seniority-cum-fitness a matter of administrative discretion?
- Does the failure to challenge a Service Tribunal's decision on seniority render that issue final and binding in subsequent related appeals?
ORDER
' ASLAM RIAZ HUSSAIN, J.-Mrs. S. J. Usmani petitioner has filed this petition for Leave to Appeal against the order of the Punjab Service Tribunal dated 25-11-1982, ' The facts giving rise to this petition, briefly, are that Mrs. S. J. Usmani petitioner joined service in the Education Department in Punjab in 1945. After the independence of the country she opted for Pakistan and came to Lahore to serve in the Education Department. A seniority list of teachers was prepared in 1974 in which she was shown senior to respondents 2 to 9. On 4-11-1980 the Government of Punjab granted Selection Grade to the respondents on the basis of seniority-cum- fitness. Mrs. S. J. Usmani petitioner challenged this before the Service Tribunal through Appeal (No, 744/80). On 23-11-1980 a new seniority Tits was published in which she was shown as junior to the respondents. She challenged this seniority list through a separate Appeal (No, 247/81) before the Punjab Service Tribunal which was dismissed by the Tribunal on 4-3-1982 (i. e. During the pendency of the first appeal wherein she had challenged the grant of Selection Grade to the respondents), on the ground of being barred by limitation. The petitioner did not challenge it before the Supreme Court and thus allowed the said judgment of the Service Tribunal to become final. When the first Appeal (No, 744/80) came up for hearing before the Tribunal, it was dismissed vide the impugned A judgment dated 25-11-1982, on the ground that the issue of seniority of the petitioner had been settled by the dismissal of the earlier decision of the Service Tribunal in Appeal No, 247/81, which had become final and thus all the contesting respondents being senior to the petitioner were rightly given the Selection Grade. The learned Service Tribunal observed that issue cannot be re- opened all over again as the Tribunal cannot review its earlier order/i decision. In any case the Selection Grade was granted to the teachers on B the ground of seniority coupled with fitness and it was within the discretion of the relevant authority to consider whether or not the petitioner was fit to be granted the Selection Grade.
2. Having carefully gone through the judgment and heard the learned counsel for the petitioner we feel that the order of Punjab Service Tribunal C is justified and does not merit interference. The petition is, therefore, dismissed.