Law:

Section:

West Pakistan Excise and Taxation Department Subordinate Service Rules, 1966- -- Merger of posts Sub-Inspector (Opium) and sub-Inspector (Excise)­Not retrospective-Appellant Sub-Inspector (Opium), declared surplus and service terminated in klatch 1966-Appointed as fresh recruit as Sub-Inspector (Excise) in May 1966-Mergsr on promulgation of Rules coming into force in November 1966-Claim for higher position in seniority on basis of service as Sub-Inspector (Opium), to circumstances, held, not sustainable-Appellant held, could not claim seniority over those Sub-Inspectors (Excise) who were already working on Excise side when appellant appointed thereto as fresh recruit. Mushtaq Ahmad Masood for Appellant. ORDER The appellant initially appointed as S. I. (Opium). Some time in 1966 he was declared surplus and his services were terminated w.e.f. 8-3-66. He was allowed one day's leave and thus was made to relinquish charge on 7-3-66. On 5-5-66 he was appointed as S. I. (Excise). It was an entirely new appoint­ment as the letter of appointment issued to him indicates. Thus, his seniority amongst the S. I's. (Excise) has to be counted from the date when be was offered this new appointment. This is exactly what the administration department has done. 2. In support of this appeal, the appellant has relied upon the West Pakistan Excise and Taxation Department…

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