Law:

Section:

Civil service--- ----Seniority---Civil servant transferred to another department after making a request for mutual transfer with another civil servant---Whether seniority of such civil servant was to be reckoned from date of his absorption in the new department or date of his initial appointment in his original department---Respondent was appointed as Preventive Officer (BS-11) in Customs House, whereas civil servant 'S' was working as Inspector (BS-11) in Collectorate of Customs and Central Excise---Both being in the Customs department holding posts in equal grade made a request for mutual transfer, which was accepted and the respondent was permanently absorbed as Inspector Customs, while "S" was absorbed as Preventive Officer---Held, that paragraph 6 of instructions contained in Serial No. 30, Chapter III, Part II of Estacode (1989 edition) clearly provided that where a person was transferred to another office in a situation where it was open to him to accept or refuse such transfer, his seniority was to be reckoned from the date of his transfer to the new office---Only exception to such rule was contained in paragraph 6(i)(b), which stated that where a person was compulsorily transferred to another office then he was allowed to count his service in the previous office towards his seniority in his new office---In the present case, the respondent sought his transfer to his new office on his own volition on the basis of mutual consent with another officer of the same grade; he was not compulsorily transferred at the instance of the department, hence the recognized practice contained in paragraph 6(i)(a) of Serial No. 30, Chapter III, Part II of Estacode (1989 edition) clearly disentitled him to count his previous service towards seniority in the new office---Petition for leave to appeal was converted into appeal and allowed and impugned of the Service Tribunal was set aside. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, J.--- The respondent was appointed as Preventive Officer (BS-11) on 19.07.1988 and was posted in Customs House, Karachi. One Sultan Naeem Akhtar was working as Inspector (BS-11) in Collectorate of Customs and Central Excise, Peshawar. They being in…

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