Law:

Section:

Civil service-------Appointment" and "transfer"- -Distinction---"Mutual transfer" and "appointment on transfer" ---Distinguishing features---No period of probation in cases of transfer has been prescribed in law---Mutual transfer would simply indicate that two civil servants were exchanging their positions with the consent of both the Departments, but transfer effected by such a process would remain a transfer simpliciter and could not be interpreted to mean the appointment by transfer---Mutual transfer was a transfer on temporary basis whereas the appointment on transfer was a regular appointment in particular Department as a result of transfer from the previous one---For such an appointment on transfer one had to pass through process of selection and was finally ordered to be appointed. (b) Civil Servants (Confirmation) Rules, 1993--- ----R. 6(4)---Termination of lien of a permanent civil servant from his original Department---Prerequisite---For the termination of lien of a permanent civil servant from his original Department, three prerequisites had to be satisfied, firstly, that the Civil servant concerned had joined other Department on regular basis; secondly, that such joining was the result of his selection and thirdly, that his selection had to be through a regular selection process---If such three conditions were satisfied and a civil servant had consented for such joining, he would have no claim about his lien in the previous Department after expiry of probationary period. Khalid Javed for Appellant. Niaz Ahmed Khan, Standing Counsel alongwith Zulfiqar Ahmed, Second Secretary, Central Board of Revenue and Dr. Zubair, A.C. as D.R. for Respondents Nos. 1 to 3. Date of hearing: 25th October, 1997. JUDGEMENT MUHAMMAD RAZA KHAN (MEMBER)---The appellant had joined the service as Appraiser in the Valuation Department in 1984. In 1989 he was transferred although temporarily, to the Appraisement Department yet vide an order dated 10-7-1990 he was absorbed in the Appraisement Department on permanent basis and he was to count his seniority in the said Department with effect from 1989 and he was also mentioned in the Seniority List at Serial No.126. In 1993 the…

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