Law:

Section:

(a) Civil service- --Lien-Promotion in absentia-Stenotypist confirmed and serving in office of General Manager, C. T. R. Telephone Department apply­ing for appointment as direct recruitment in Directorate of Coaxial Cable Telephone Department and selected therefore-Relieved to join new appointment mentioning in relieving order that "he is struck off the strength of this Division"-Such order, in circumstances, held, ab initio wrong because having not been confirmed in second appointment lien in previous office could not be terminated even with his consent nevertheless this does not mean that such official would enjoy rights of promotion even in absentia. (b) Civil service - --Seniority-A and B serving as Stenotypist in one office and A senior to B-A applying for appointment as Stenographer by direct recruitment in different office and selected and appointed as such­ in own office promoted subsequently as Stenographer-A after some time transferred to previous office as Stenographer-A claim­ing seniority over B as Stenographer and allowed seniority from date of his appointment as such in different office-Allowing such seniority, in circumstances, set aside by Service Tribunal-Held B shall count seniority from date of his promotion and A from date he took over on transfer and not from date of his appointment in different office-Service Tribunals Act (LXX of 1973). Malik Muhammad Afzal for Appellant. Hafiz Tariq Naseem for the State. Respondent No. 5. in person. Date of hearing : 29th June, 1985. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-The appellant, Muhammad Sharif Bhatti, joined as Stenotypist in the Telephone Department under the General Manager, C.T.R., Lahore, respondent No. 3, in 1962. He was confirmed as Stenotypist with effect from 19th February, 1962. Mr. Abdul Haq, respondent No. 5 herein, was also a Stenotypist under the res­pondent No. 3, having been confirmed with effect from 1st April, 1956. While both these officials were serving under the respondent No. 3, the Directorate of Coaxial Cable (Construction), T & T, Lahore, respondent No. 4, was created. The Posts of Stenographers under respondent No. 4, were to be filled by direct recruitment.…

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