1993 PLP (C (PLC(CS))

‑‑‑‑S. 4‑‑‑Forfeiture of seniority on transfer‑‑‑Validity of ‑‑‑Appellant seeking transfer from `K' Zone to 'G' Zone at the risk of forfeiture of his service for purpose of seniority‑‑‑Orders of transfer to 'G' Zone were not given effect to as appellant could not be accommodated in 'G' Zone, and was then transferred to `R' Zone where he had not opted for‑‑‑Appellant should have been sent back to `K' Zone in case he could not be accommodated in `G' Zone, his transfer to `R' Zone could not be deemed to have been made at his request but such transfer was in the public interest and, therefore, he was entitled to count his entire service for the purpose of his seniority ‑‑‑Appellant was allowed benefit of his entire service on his transfer to `R' Zone without his request‑‑ Appeal was accepted in circumstances. Appellant in person, Sardar Muhammad Amir Akber Khan, Counsel with Muhammad Bashir, Admn. Officer and Daud Hussain, Supervisor in Income‑tax Department, Rawalpindi, D.Rs. for Respondents, Date of hearing: 27th March, 1991. SYED ALLY MADAD SHAH (CHAIRMAN).‑‑‑Appellant Mr. Muhammad Sharif Abid, Income Tax Inspector, has preferred this appeal for determination of his seniority. The anomaly in determination of his seniority arose consequent to his transfer, at his request from Karachi to Gujranwala as per order dated 15‑2‑1989 issued from the office of the Regional Commissioner Income Tax/Wealth Tax, Northern Region, Islamabad, were in it was specifically mentioned that he would reckon his seniority in Gujranwala Zone at the lowest position. However, he was not accommodated in Gujranwala Zone and order of his transfer to Rawalpindi Zone was issued on 24‑8‑1989. It was mentioned in that order too that he would be treated as the junior most in the cadre in that Zone i.e. Rawalpindi Zone. He made representation dated 5‑5‑1989 against his transfer to Rawalpindi Zone and agitated that he had not sought his transfer to Rawalpindi Zone and he was therefore entitled to reckon his seniority from the date of his original entry as the Inspector Income Tax. He was informed under letter, dated 24‑12‑1989 issued from the office of the Commissioner Income Tax, Rawalpindi that he would be treated junior most in the cadre as per order of his transfer. He then preferred this appeal on 18‑1‑1990.

2. The question arising for consideration is: whether the appellant lost his seniority by virtue of his seeking transfer from Karachi Zone to Gujranwala Zone. The contention of the appellant is that he did forego his seniority on his seeking transfer to Gujranwala Zone but he did not do so for his transfer to Rawalpindi Zone. The contention of the respondents, on the other side, is that since the appellant had sought his transfer from Karachi Zone, he forfeited his previous service for the purpose of seniority and reference has been made to the order of the Board of Revenue dated 9‑6‑1979 providing that in case of transfer of an official from one zone to another, at his own request, he would be treated as junior most in the Zone to which he is transferred at his request. The order of the Central Board of Revenue seems to have been misconstrued while placing the appellant in disadvantageous position in the matter of his seniority. He sought transfer from Karachi Zone to Gujranwala Zone at the risk of forfeiture of his service for the purpose of seniority on personal ground. Of course, order of his transfer was issued at his request but the order was not j given effect to as he was not accommodated in Gujranwala Zone but he was, instead, transferred to Rawalpindi Zone, which he did never opt for. The contention of the respondents is that no post was available in Gujranwala Zone for, absorbing the appellant there as 3 posts of Income Tax Officers there were reduced and it was in those circumstances that the appellant had to be transferred to Rawalpindi Zone. Be that as it may, the appellant should have been sent back to Karachi Zone in case he could not be accommodated in Gujranwala Zone; and in case the department decided to transfer him to Rawalpindi Zone, which could otherwise be done, his transfer could not be deemed to have been made at the request of the appellant, but it was an order of transfer in the public interest and therefore, he was undoubtedly entitled to count his entire service as Income Tax Officer for the purpose of his seniority and it was wrong decision to have denied him the benefit of seniority on his transfer to Rawalpindi Zone without his request. The appeal is accepted and the appellant is allowed the benefit of entire service for determining his seniority in Rawalpindi Zone and elsewhere. No order is made for costs. A.A/668/Sr.F Appeal accepted.