Case Details

Citation(s)
1983 SLG 1625 1983 SLD 1625 1983 PLC 595
Federal Service Tribunal, Islamabad
Appeal No. 108 (L) of 1976, decided on 28th March, 1983.
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS

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MUHAMMAD AKRAM

VS

WAPDA AND 89 OTHERS

Law:

Section:

West Pakistan Water and Power Development Authority (Head Office) Ministerial Services Rules, 1966- --R. 9 (1) (b)-Seniority - To be reckoned with reference to date of continuous appointment in respective grade - Official of Project Office posted in head office on closing down Project Office not on his request-Allowed seniority in head office cadre from date of posting in head office though allowed benefit of pay etc. with reference to previous service in Project Office-Case of such official, held, that of transfer at the behest of and in the interest of WAPDA and he would be entitled to seniority in respective grade from date of continuous appointment in Project Office with consequential benefits of promotion to next higher grade. Munir Ahmed Bhatti for Appellant. Lt.-Col. (Retd.) Abdur Rashid for Respondent. Respondents Nos. 5, 10, 17, 20, 35, 46 and 50 in person. Date of hearing : 20th January, 1983. JUDGMENT ABDUR RASHID (MEMBER).-The appellant joined Tarbela Dam Project WAPDA Branch Office at Lahore as a junior clerk on 27-8-1959. After the abolition of the said office, the appellant was posted to the Head Office of Development and Co-ordination Division WAPDA at Lahore w.e.f. 6-10-1961 and was attached with the Liaison Officer Again, the post of the Liaison Officer was abolished and the appellant transferred to the Indus Basin Project where he was placed at the bottom of the Seniority List. From there he was transferred to the Railways Co-ordination and Transportation Directorate which was part of the Head Office. Later on, the appellant was transferred to various other offices of the WAPDA from time to time which need not concern us for this appeal. 2. On 4-6-1963, one Naeem Pervez (respondent No. 3), who was junior to the appellant. was promoted as senior assistant (i.e. senior clerk). This was followed by promotion of- three more juniors viz. Zargone Shah, Mirza Zamir Hussain and Abdul Khaliq who were promoted vide Office Order dated 17-12-1965. The appellant preferred departmental representations against his supersession. This he did between 27th August, 1964 and 21st October, 1965. Apparently, these representations were directed against the promotion…
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