Case Details

Citation(s)
1981 SLG 2320 1981 SLD 2320 1981 PLC 557
Lahore High Court
Writ Petition No. 2922 of 1979, decided on 24th September, 1979.
GUL MUHAMMAD KHAN, J

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MUHAMMAD MUNAWAR QURESHI

VS

PUNJAB ROAD TRANSPORT BOARD

Law:

Section:

Civil service- -- Lien, retention of-Petitioner, at his own request permanently transferred from PRTB to PUTC acting upon order with­out reservation, protest or other understanding with PRTB­Petitioner's representation against his termination of lien rejected and he neither reverting to PRTB nor expressing his desire to challenge order-Petitioner; held, acquiesced to termination of his lien and permanent absorption in PUTC and his claim to be an employee of PRTB cannot be accepted, in circumstances. Farzand Ali Shah v. Addl. Inspector-General, Police 1979 P L C 433 ; Ch. Muhammad Ashraf v. P. R. T. B. 1980 P L C 409 and Fayyaz Ali Khan v. Government of West Pakistan 1971 S C M R 454 ref. Date of hearing : 24th September 1979. JUDGMENT The petitioner, who was an employee of the Punjab Road Transport Board (hereinafter referred to as the P.R.T. B.) since 1970 was transferred at his own request (Annex. B) to Punjab Urban Transport Corporation (hereinafter referred to as P.U.T.C.) vide order dated 13th September, 1978, which reads as under "Mr. Muhammad Munawar Qureshi O.D.S. (Technical) in National Pay Scale No. 18 is hereby permanently transferred from Punjab Road Transport Board to Punjab Urban Transport Corporation w.e.f. 16th September 1978 (After-Noon) at his own request. His lien of Service with P. R. T. B. is hereby terminated w. e. f. 16th September 1978 (After-Noon)." The petitioner reported for duty to the Managing Director of the P. U. T. C. vide his letter dated 17th September, 1978 (Annex. 'G'). 2. It is the case of the petitioner that he filed a representation dated 16th September, 1978 (Annex 'F') saying that the Managing Director was not competent to terminate his lien without his consent. The learned counsel appearing for the respondent produced the original file showing that the letter in question had been handed over personally on 26th September, 1978. The respondent, however, considered and rejected the request of the petitioner vide letter dated 17th October, 1978 (Annex, '1') Para. 2 of the letter may be reproduced below for reference: - "Your lien was terminated at your explicit request as you had managed your acceptance in P.U.T.C. to avoid…
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