| Citation(s) |
|---|
| 1988 SLG 1023 1988 SLD 1023 1988 PLC 364 |
Federal Service Tribunal, Islamabad
Appeal No. 203(L) of 1986, decided on 26th March, 1987.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND CH. A. REHMAN KHAN, MEMBER.
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Appeal No. 203(L) of 1986, decided on 26th March, 1987.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND CH. A. REHMAN KHAN, MEMBER.
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PARVEZ IQBAL
VS
SUPERINTENDING ENGINEER (E), WAPDA and another
Law:
Section:
Service Tribunals Act (LXX of 1973)-- ---S. 4--Seniority--Appellant, initially appointed as L.D.C. inducted in Cadre of L. D. C. /Meter Reader and his service book accordingly corrected showing him to have been encadred as L.D.C./Meter Reader--Such order could not be rescinded by competent authority without appellant's consent--Appellant, held, had been encadred as L. D. C. /Meter Reader w.e.f. 17-9-1985 and he would count his seniority in that Cadre from that date. Tariq Masood for Appellant. Amanullah Khan Niazi for Respondents. Date of hearing: 26th March, 1987. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--The appellant, Parvez lqbal, was selected and appointed as L.D.C. in the WAPDA with effect from 10-9-1980. In April 1984, he was, by another order, directed to perform the duties of L. D. C /Meter Reader in Ittehed Colony temporarily in place of one Abdur Rashid, Meter Reader, who was on medical leave. In June 1984, another order was passed to the same effect appointing the appellant and another as LDC/MR temporarily. Thereafter, on 17-9-1985, the following order was issued: "Mr. Parvez Iqbal LDC of Ittehad Colony Sub-Division as already entrusted the duties of LDC/;Meter Reader is hereby allowed to continue against the vacant post of LDC/MR under Allama Iqbal Town Division from the date he actually reports for duty as LDC/MR subject to the condition that the said official shall not claim his seniority in his new cadre." 2. Notwithstanding the above order which apparently encadres the appellant as LDC/MR, another order was passed on 29-9-1986 posting him as LDC and not as meter reader in Ittehad Colony against a vacant post. The appellant seeks to challenge this order on the ground that he having been encadred as Meter Reader subject to relinquishment of claim of seniority, could not be re-transferred to the post of LDC without his consent. 3. The learned counsel for WAPDA says that theβ¦
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