Law:

Section:

(a) Civil service-Cadre-Two separate cadres do not become one and same merely because drawing and disbursing officer or head of Department is same. (b) Civil service-Court observation-Clerks of Public Prosecutors, lot of Very hard-No avenues open to them for promotion-Alleviation and amelioration of their condition called for. ORDER S. A. MAHMOOD (CHAIRMAN).-This appeal under section 4(1) or the West Pakistan Civil Services (Appellate Tribunal) Ordinance, 1969, is by Muhammad Sharif Butt, who is, a Junior Clerk of Public Prosecutor. Sahiwal. He claims by this appeal that he is entitled to claim seniority in a joint cadre with the clerical establishment of the Solicitor's Office, because the service was originally governed by the Punjab Law and Legislative Department Service Rules, 1951, and because the Solicitor was and is notified as the drawing and disbursing officer as well as head of department in respect of Solicitor's Department and the Mufassil Establishment of Law Officers, and Husnain Haider clerk of Public Prosecutor, Multan was transferred to Solicitor's Office as a Junior Clerk on 22-7-1955, which shows that the cadre is the same and clerks are inter-transferable. The appellant was appointed as a Junior Clerk on probation of two years to Public Prosecutor, Sialkot in the scale of 60-4-100/ 5-120. In 1965, he was transferred from Sialkot to Sahiwal. He protested against his transfer, but his protest was overruled. His case is that a joint seniority list of clerks of Public Prosecutors and the clerical establishment of the Solicitor's Office was prepared in 1966, is which he was shown at No. 15 in the seniority, while Hasnain Haider, Sh. Mohammed Yunas and Abdul, Hafeez were shown at- Nos. 5, 6 and 8. The pre paration of such a joint seniority list is denied by the respondents and as the Provincial Government did in the Civil Suit, filed by the appellant for a declaration to the effect that the order of the Solicitor to Government of. West Pakistan, treating the respondents 3 to 6, namely Hasnain Haider, Muhammad Yunas and Abdul Hafiz as senior to him in the seniority list was illegal, void and inoperative, and his rights - were not…