1983 PLP (C (PLC(CS))

Case No. 157 of,1982, decided on 21st September, 1982. ‑‑ Lien‑Civil servant serving on deputation opting for permanent absorption in borrowing organisation on undertaking not to claim benefit of past service and to be treated as fresh and direct appointee and also submitting resignation to parent Department -Resignation accepted and permanently absorbed in borrowing organisation‑Subsequent claim for lien and being repatriated in circumstances, held, rightly rejected. Appellant in person. ABDUL HAMID CHAUDHRY (MEMBER).‑This appeal from Syed Zaheerul Hasnain Zaidi, Taxation Officer, District Council, Sialkot, is at the stage of preliminary hearing, filed under section 4 of the Punjab Services Tribunal Act, 1974 wherein he has impieaded the Secretary, Local Government and Rural Development Department, Government of the Punjab, Lahore and the Chief Secretary, Government of the Punjab, Lahore as respondents.

2. By virtue of this appeal the appellant has prayed that his absorption order be set aside and the Respondent No. 1 be directed to repatriate the appellant to his original post of Instructor in Local Government Training Institute, Lalamusa.

3. Brief facts of the case are that the appellant was working as Instructor at Training Institute, Lalamusa. While he was posted, on deputation, as Chief Officer, M.C. Campbellpur, in the year 1975 he exercised his option for permanent absorption in Local Council Service. In his option, he opted that he would not claim benefit whatsoever of his past service in the Government of the Punjab. He would also have no objection if he was treated as direct recruited officer in the Local Council Service. He was thus absorbed in the Local Council Service, Ad ministration Branch with immediate effect, in NPS‑16, vide Secretary, Go vernment of the Punjab, Local Government and Social Welfare Depart ment's order dated 12th November, 1975. This absorption order also made it clear that his absorption would not confer any right of seniority over the officers of Local Council Service in Grade‑16 already in service. Con sequently to this, he resigned from his previous post of Instructor, Local Government Training Institute, Lalamusa which was accepted vide Secretary, Government of the Punjab, Local Government and Social Welfare Department dated 19th November, 1975. Thus, he forfeited his previous service to get himself absorbed in the Local Council Service. The appellant made an appeal against the absorption asking for cancella tion of this absorption and revival of his lien in the parent Department. His appeal has finally been rejected by the Chief Secretary, Government of the Punjab on 3rd June, 1981. Hence this appeal.

4. The view point of the appellant was heard, parawise comments submitted by the respondents were also gone through. The appellant prior to his permanent absorption in Local Council Service opted that he would not claim any benefit whatsoever of his past service in the Govern ment of the Punjab and also he would have no objection if he was treated as direct recruited officer in the Local Council Service. Thus, the order dated 12th November, 1975 containing terms and conditions of the appel lant's absorption in the Local Council Service is a clear order without any ambiguity and the appellant himself surrendered the benefits of his previous service in the Government of the Punjab to get himself perma nently absorbed in Local Council Service. He also tendered his resignation from the previous post which was accepted accordingly. Thus, we hold that there is no force and merits in his appeal. Furthermore, the appeal preferred by him to the Chief Secretary, Punjab was finally rejected on 3rd June, 1981, the appellant should have made this appeal to the Tribunal within 30 days of communication of this order. But the appellant has filed this appeal on 6th April, 1982 before the Punjab Service Tribunal, which is time barred by months and is riot maintain able.

5. Keeping the above analysis in view, the appeal is dismissed in limine, being barred by time as well as being without any merits. Appeal dismissed.