Law:

Section:

Punjab Civil Servants (Appointments & Conditions of Service) Rules, 1974 --.-- --.-- R. 8 --.-- Seniority --.-- Mode for determination --.-- Vested right --.-- Civil servant was transferred from one tehsil to another tehsil without mentioning in transfer order that he would be placed at bottom of seniority list --.-- When department started maintaining the seniority list of PST teachers at tehsil level, no evidence was produced by department to show that appellant on his own request was transferred while accepting condition to sit at bottom in list of PST teachers --.-- Appellant had no fault on his part to loose his seniority which was always granted in view of Rule 8 of Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 --.-- Seniority if inter se persons appointed to a post in same grade in functional unit shall be determined in accordance with order on merits --.-- Seniority is always treated as vested right in Punjab and cannot be overridden illegally. THIS JUDGMENT DELIVERED BY: JAWAD-UL-HASSAN, MEMBER-I:---.--- Facts as gathered from the record are that the appellant was appointed as PTC teacher in the year 1976 and was posted at Govt. Primary School Goth Shah Muhammad District Bahawalpur. He joined the duty on 30.8.1976. He had been serving the school Education Department as PTC in different schools at different tehsils including govt. High school 12-BC, Bahawalpur and lastly he was transferred to Govt. High School. Bahawalpur on 6.9.2006 and again transferred and posted in Tehsil Bahawalpur without mentioning in the transfer order that he would be placed at the bottom of the seniority list in Tehsil Bahawalur. The appellant was awarded selection grade in BS-10 w.e.f. 1.7.90 vide order dated 21.11.1993 on account of his seniority in the relevant list maintained in view of regular appointment at District level in which the name of the appellant was placed at Serial No. 58. Prior to 1987 the post of PST was on the strength of 'District' whereafter it was made tehsil specific. A notified seniority list of PST teacher Tehsil Bahawalpur as stood on 1.12.2009 was issued by Dy. DEO MEE, Tehsil Bahawalpur. In the said notified…

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