Post Office Manual

1995 PLC(CS) 106 SUPREME-COURT Judicial Precedent

R. 38Constitution of Pakistan (1973), Art. 212(3)SeniorityChange of cadreEffectCivil servant's appointment as Inspector of Post Offices in the Southern Circle

Civil servant after three years, was transferred on his own request, to the 'L' Circle, where he was placed at the bottom in the seniority list of the Inspectors as per requirement of R. 38, Post Offices Manual, Vol. IV

Civil servant was assigned position in accordance with said rule as per gradation list of subsequent years

Civil servant's seniority was, however, refixed on his representation and, thus, he became senior to respondent

Service Tribunal on appeal of respondent placed civil servant at his original place in the gradation list

Validity

Order of Service Tribunal did not suffer from any infirmity

Civil servant by seeking transfer from one circle to another had voluntarily surrendered benefits of his service in his parent circle in the matter of seniority

Civil servant could not now turn back to say that he should be given advantage of his previous service for the reason that the cadre of Superintendents of Post Offices had been declared a circle cadre

Such declaration in fact, could hardly have any bearing on his seniority in the circle

Leave to appeal was refused in circumstances.

1994 SCMR 1672 SUPREME-COURT Judicial Precedent

Post Office ManualR. 38Constitution of Pakistan (1973), Art. 212(3)SeniorityChange of cadreEffectCivil servant's appointment as Inspector of Post Offices in the Southern Circle

Civil servant after three years, was transferred on his own request, to the 'L' Circle, where he was placed at the bottom in the seniority list of the Inspectors as per requirement of R. 38, Post Offices Manual, Vol. IV

Civil servant was assigned position in accordance with said rule as per gradation fist of subsequent years

Civil servant's seniority was, however, refixed on his representation and, thus, he became senior to respondent

Service Tribunal on appeal of respondent placed civil servant at his original place in the gradation list

Validity

Order of Service Tribunal did not suffer from any infirmity

Civil servant by seeking transfer from one circle to another had voluntarily surrendered benefits of his service in his parent circle in the matter of seniority

Civil servant could not now turn back to say that he should be given advantage of his previous service for the reason that the cadre of Superintendents of Post Offices had been declared a circle cadre

Such declaration in fact, could hardly have any bearing on his seniority in the circle

Leave to appeal was refused in circumstances.

1982 PLC(CS) 1036 LABOUR-APPELLATE-TRIBUNAL-SINDH Judicial Precedent

Post Office ManualR. 37Transfer

Naib-Qasid/orderly cannot be transferred to any place other than his home district-Appointment of appellant as orderly to inspector Post Office `B' (his home district)-Office of Inspector Post Office `B' temporarily located at `H' hence appellant posted at `H'

Transfer of appellant as Chokidar at B, held, competent.