1979 PLP R139 (SCMR)

MUHAMMAD HALEEM, J.‑The petitioner seeks special leave to appeal against the order of the Service Tribunal, Baluchistan, dated 8th of June, 1978, by which Appeal No. 2 of 1974 was dismissed. The petitioner obtained a Master's Degree in Science and a Diploma from an Italian University in Nuclear Physics. He was appointed on 10th of November, 1962, as lecturer in Physics in Government College, Quetta. His appointment to the post was regularised by the West Pakistan Public Service Commission in 1963. A post of Junior Research Fellow in Nuclear Physics was advertised by the Punjab Government and he applied for it. After his interview he was selected by the West Pakistan Public Service Commission and appointed to that post on 15th of June, 1966. However, he did not keep his lien on the earlier post of lecturer and was later confirmed against his new post on 16th June, 1968. On the disintegration of one unit he was allocated to the Province of Baluchistan on the basis of his domicile, on 1st of July, 1971, but was not relieved for the next two years; whereafter on 30th of June, 1972, he joined the Education Department of the government of Baluchistan at his own request. By order dated 26th of March, 1974, his seniority as Assistant Professor in the Department was fixed with effect from 15th of June, 1966, that is the date on which he was appointed as Junior Research Fellow in the Govern ment of Punjab. Subsequently, by order dated 6th of May, 1974, it was re‑fixed with effect from the date of his allocation to the Province of Batuchistan that is Ist of July, 1970. According to the terms and conditions, he held an ex cadre post before his allocation to the Province of Baluchistan. But he claimed seniority over respondents 2 to 5 on the basis of S. & G. A. D. Letter No. SO‑IV (G. & G. A. D.)‑2‑39‑62/7‑9‑1972; and on the principle of comparable grade as, according to him, the post of Junior Research Fellow and Assistant Professor were of the same grade 18 and, therefore, inter changeable. His representation having failed he appealed to the Service Tribunal, Baluchistan, for redress but the Tribunal held that he had no established right to claim seniority as Assistant Professor over and above respondents 2 to 5 as he did not hold that post in the same cadre of the Department before his absorption in the Department. The petitioner admits that respondents 2 to 5 are senior to him in the same cadre of the Department; and respondents 2 and 4 had been promoted as Professors even before his allocation to the Province. In seeking leave to appeal the learned counsel for the petitioner has again raised the same contention before us namely, that the two posts being equal in all respects his seniortiy should be determined with reference to the date on which he was appointed as Junior Research Fellow by the Punjab Government. This contention has no substance for he held an, ex cadre post and could not on his allocation to the Province claim seniority over respondents 2 to 5 who were senior to him in the same cadre of the Department. All that he could claim was the post carrying the same remuneration, leave benefits and pension or rights similar to that enjoyed immediately before the appointed day under Article 17 of the President's Order No. 1 of 1970. Seniority in an ex‑cadre post was not covered by this guarantee nor could it be claimed as it depended on the continuous officiation on a post in the same cadre of the Department. The principle laid down in the aforementioned letter dated 7th of~ September, 1972, would also not apply as it was not a case of transfer of an incumbent holding a cadre post in a Government department. Lastly, the principle of comparable grade will also be out of place as it does not apply to the officers allocated on the disintegration of one unit. Accordingly, the petition has no substance and is dismissed. Petition dismissed.