Case Details

Citation(s)
1991 SLG 1596 1991 SLD 1596 1991 PLC 595
Federal Service Tribunal, Islamabad
Appeals Nos. 151(K)/86 and 41(R) of 1990, decision dated: 2-04-1990.
SYED ALLY MADAD SHAH, CHAIRMAN, RASHEEDUD DIN ARSHAD AND MISBAHULLAH KHAN, MEMBERS

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LAEEQ AHMAD KHAN

VS

CENTRAL BOARD OF REVENUE and others

Law:

Section:

Civil Servants Act (LXXI of 1973)--- ----S. 10--Absorption---Appellant first appointed as an Inspector, Central Excise and Land Customs and then he was appointed as a Preventive Officer (NPS-13) in Collectorate of Customs (Preventive), where he joined---Appellant was promoted as Deputy Superintendent (NPS-14) in his parent department (Collectorate of Land Customs and Central Excise) but he made representation to Collector of Customs (Preventive) that his services stood transferred to Collectorate of Customs and he might be absorbed there as Inspector in Preventive Collectorate (NPS-14), a post equivalent to that of Deputy Superintendent in Central Excise and Land Customs but his representation was rejected by Central Board of Revenue---Appellant challenged in appeal order of Central Board of Revenue---Appellant's appointment as a Preventive Officer was in 50% quota for direct recruitment and his lien was maintained in the Collectorate of Land Customs and Central Excise until he was confirmed in Collectorate of Customs (Preventive) and was even promoted as Deputy Superintendent (Grade 14) if he were to revert back---Service set up in the two Collectorate viz. Collectorate of Central Excise and Land Customs and Collectorate of Customs (Preventive) being quite different and distinct, their services were not mutually interchangeable---Appellant having accepted post of a Preventive Officer (BPS-13) in Collectorate of Customs could avail of prospects of service in that, Collectorate but he could not claim prospects he had or he could have achieved in Collectorate of Central Excise and Land Customs unless he sought reversion to that Collectorate, bidding good bye to Collectorate of Central Excise and Land Customs (Preventive)---Appellant did not avail of promotion to post of Deputy Superintendent (BPS-14) in the Collectorate of Central Excise and Land Customs and he could not avail benefit thereof in Collectorate of Central Excise and Customs (Preventive)---Appellant, by virtue of his appointment as a Preventive Officer did belong to Customs (Preventive) Service and he could explore his prospects in that Collectorate as a directly recruited Preventive Officer…
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