Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Seniority---Civil servant, a Senior Assistant, at his own request was transferred to another station on the condition that he shall not be posted as Senior Assistant there but as Assistant in the office where he was being so transferred---Transferred civil servant was placed at the bottom of seniority list maintained at the office where he was transferred--­Transferred civil servant aggrieved of the order appealed before Service Tribunal which accepted his appeal---Validity---Held: Transferred civil servant was admittedly a senior assistant who was rightly assigned the top position in the seniority list maintained at that office which was just and equitable, thus, warranting no interference---Leave to appeal was refused in circumstances. Raja Abdul Ghafoor, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 27th March, 1998. ORDER IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 23-9-199'' passed by the Federal Service Tribunal, Lahore (hereinafter called the Tribunal), in Appeal No.364/L of 1997. '" 2. The brief facts are that respondent was holding the post of Senior Assistant in the State Bank of Pakistan at Sialkot. At his own request he was transferred to Lahore on the condition that he shall not be posted as Senior Assistant but as Assistant in Lahore office. The respondent being aggrieved against placing him at the bottom of seniority list of the lists maintained at the Lahore Branch of the State Bank, approached the Tribunal which, after hearing the parties and perusing the material available on record accepted the appeal, inter alia, with the following observations:-- "3.We have considered the arguments of both the sides and are of the view that the department has been rather callous with a man who for his family reasons wanted a transfer and made him agree to a lower rank, although there is no such stipulation under the law. The plea of the respondent department that this was a sort of contractual agreement is of no consequence because there is no contract involved. The other argument that he accepted this proposition, as held earlier is not legally…

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