Law:

Section:

Civil service--- ----Seniority---On transfer from one Zone to another on own request­ Policy laying down that such transferee to take seniority from date of joining in new Zone-Policy letter circulated-No one can detract from fact that it is an official policy letter--Cannot be disregarded only because not published as a Gazette notification-Official seeking transfer to other Zone, held, correctly given seniority in that Zone from date of joining - Cabinet Secretariat (Establishment Division) O. M. No.. 6/15/48- ME, dated 31-3-1951 and C. B. R. letter No. C. No. 4/1/AIT-2/77, dated 9-6-1979. Mansoor Ahmed for Appellant. Syed Shahudul Haque for the State. Date of hearing : 10th February, 1983. JUDGMENT BRIG. (RETD.) ABDUR RASHID, (MEMBER).--The appellant, Sikander Hayat, joined the Income-tax Department, Rawalpindi Zone on 19-1-1966 as .a lower division clerk and was promoted as upper division clerk on 16-5-1970. He was transferred to Lahore Zone `A' on 8-10-1976 as a result of an option which he exercised willingly when Rawalpindi Zone Office was bifurcated. 2. The appellant was transferred from Lahore 'A' to Rawalpindi Zone on 27-9-1980 at his own request and because of his mother's sickness, a fact which the appellant has tried to gloss over. 3. After being posted to Rawalpindi Zone from Lahore Zone `A', the appellant preferred an appeal, which bears no date, reclaiming his seniority in Rawalpindi Zone in relation to his juniors who have been cited as respondents 3 to 7 in the appeal before us. The Commissioner Income-tax vide his letter dated 9-1-1981 turned down the request of the appellant in the light of C.B.R. letter No. C. N. 4/1/AIT-2/77, dated 9-6-1979 wherein it was laid down, in respect of the seniority of ministerial staff (Grades 5-15) that; "--In the event of a transfer of an official from one `Zone to another, the transfer being on his own option, he shall be treated as the junior ­most person in that Zone." 4. Aggrieved from the above order of the Commissioner. Rawalpindi zone, the appellant filed his present appeal before tile Federal Service Tribunal under section 4 of the Service Tribunals Act, 1973 praying that the appellant be declared…

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