Law:

Section:

Civil service-------Seniority---Civil servant who initially was appointed as 'Helper' later on was promoted as "Fitter"---Oil Treatment Plant in which civil servant was working, later on having been transferred to another organisation, civil servant alongwith others was also transferred to transferee organisation ---Co-­civil servants who were transferred alongwith civil servants were promoted its Assistant Foreman giving them benefits and his seniority was reckoned from date he was transferred to transferee organisation and not from date he was promoted as Fitter---Held, civil servant who was transferred to transferee organisation in view of exigency of work and not on his own request, his seniority should have been reckoned with effect from date he was promoted as Fitter and not from date he was transferred to transferee organisation as when a civil servant is transferred from one office to another or from one place to another compulsorily alongwith his post and work, he is entitled to have his previous continuous service counted in grade towards his seniority in that grade in the new office. 1986 SCMR 1213; 1995 SCMR 950 and 1985 PLC (C.S.) 415 ref. Mian Mahmood Hussain for Appellant. Abdul Majid with Pervaiz Ahmed, Head Clerk, Office of the XEN, Shalimar Division WAPDA, Lahore as D.R. Date of hearing: 12th October, 1995. JUDGMENT MUHAMMAD ISMAIL (MEMBER).---The appellant, Allah Rakha, was initially appointed Helper in the WAPDA on 6-8-1969 and was promoted as Fitter with effect from 10-8-1976. He was serving as such on Oil Treatment Plant which was under the control of the Executive Engineer, M & T Division, WAPDA, Lahore, when the said plant was transferred to the Executive Engineer, T.R. (P), WAPDA, Shalimar Workshop, Lahore, alongwith the staff. Consequently the appellant alongwith five others, who were also transferred to the office of the Executive Engineer, T.R. (P), WAPDA, Shalimar Workshop, Lahore, vide Office Order, dated 10-1-1980 but subsequently, by Office Order dated 19-1-1980, the services of the appellant alongwith two others, namely, Nazir Ahmed and Ghulam Mujtaba were allowed to remain at the disposal of the said Executive Engineer,…

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