1976 PLP [C (PLC(CS))

SAAD SAOOD JAN (CHAIRMAN).‑The appellant belongs to West Pakistan Forest Department (Ministerial) Service. In March 1972 he was holding the post of a Sr. Auditor in the Accounts and Budget Section of the Forest Wing in the Agricultural Department of the Punjab Government. On 18‑3‑72 he was allowed to proceed on leave preparatory to retirement. His retirement was to take effect from 22‑3‑

73. At that time the age of superannuation was 55 years. On 21‑4‑72 the Interim Constitution came into force which raised the age of superannuation to 58 years. Immediately after the enforcement of the Interim Constitution the appellant applied for the cancellation of his leave. This was allowed and he was permitted to resume duty in the office of the Chief Conservator of Forests where he was appointed as Jr. Superintendent. The appellant agitated against his posting as Junior Superintendent and claimed that he was entitled to the post of a Senior Superintendent as a Senior Auditor which appointment he was holding at the time of his proceeding on leave preparatory to retirement. It is to be observed that the posts of Senior Auditor and Senior Superintendent are of equal status. His representations to the departmental authorities in this regard proved unsuccessful and he has now come to this Tribunal.

2. In the course of his address the appellant has referred to a large number of documents which we do not think necessary to mention in this order. Briefly speaking, the appellant is the holder of the substantive post of Assistant in the West Pakistan Forest Department (Ministerial) Service The posts of Senior Auditors are not included in the cadre of his service. He cannot claim as of right a post, which does not belong to his cadre There is only one post of Senior Superintendent in his own cadre and that post is being held by one Mr. Fida Muhammad Khan who has been declared senior to the appellant by the Civil Services Appellate Tribunal. The appellant cannot, therefore, claim that he should be posted as a Senior Superintendent in preference to a person who has been declared senior to him.

3. We are conscious of the fact that there are three other persons who are junior to the appellant in service and have been appointed as Senior Auditors but then we have already pointed out that the posts of senior Auditors are not included in the cadre of the appellant and he cannot lay a claim to any of them. It is also to be observed that it is not necessary that these posts should be filled from the officials belonging to the appellant's service. In fact one of these posts is being held by an official belonging to Audit and Accounts Service. Thus we find that there has been no breach or violation of the terms and conditions of his service.

4. The appellant has also referred to some errors in his Service Book with respect to the date when he was appointed as Senior Auditor. This is a matter which the appellant can agitate before the competent authority. In his memorandum of appeal the appellant has not claimed any relief with respect to these alleged mistakes.

5. For the reasons stated we find no force in this appeal which is hereby dismissed with no order as to costs.