Law:

Section:

Service Tribunals Act (LXX of 1973)--- ----S. 4---Forfeiture of seniority on transfer---Validity of ---Appellant seeking transfer from `K' Zone to 'G' Zone at the risk of forfeiture of his service for purpose of seniority---Orders of transfer to 'G' Zone were not given effect to as appellant could not be accommodated in 'G' Zone, and was then transferred to `R' Zone where he had not opted for---Appellant should have been sent back to `K' Zone in case he could not be accommodated in `G' Zone, his transfer to `R' Zone could not be deemed to have been made at his request but such transfer was in the public interest and, therefore, he was entitled to count his entire service for the purpose of his seniority ---Appellant was allowed benefit of his entire service on his transfer to `R' Zone without his request--­ Appeal was accepted in circumstances. Appellant in person, Sardar Muhammad Amir Akber Khan, Counsel with Muhammad Bashir, Admn. Officer and Daud Hussain, Supervisor in Income-tax Department, Rawalpindi, D.Rs. for Respondents, Date of hearing: 27th March, 1991. JUDGEMENT SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mr. Muhammad Sharif Abid, Income Tax Inspector, has preferred this appeal for determination of his seniority. The anomaly in determination of his seniority arose consequent to his transfer, at his request from Karachi to Gujranwala as per order dated 15-2-1989 issued from the office of the Regional Commissioner Income Tax/Wealth Tax, Northern Region, Islamabad, were in it was specifically mentioned that he would reckon his seniority in Gujranwala Zone at the lowest position. However, he was not accommodated in Gujranwala Zone and order of his transfer to Rawalpindi Zone was issued on 24-8-1989. It was mentioned in that order too that he would be treated as the junior most in the cadre in that Zone i.e. Rawalpindi Zone. He made representation dated 5-5-1989 against his transfer to Rawalpindi Zone and agitated that he had not sought his transfer to Rawalpindi Zone and he was therefore entitled to reckon his seniority from the date of his original entry as the Inspector Income Tax. He was informed under letter, dated 24-12-1989 issued from the office…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492