M. SALEEM CHAUDHRY (CHAIRMAN).-The appellant in this case is aggrieved by the order of respondent No. 2 Secretary to Government, Punjab, Agriculture Department, Lahore, dated 1-9-1979 directing the transfer OT the appellant from the post of Agriculture Officer, Bagh-e-Jinnah, Lahore to that of Extra Assistant Director of Agriculture, Jauharabad.
2. Briefly the facts of the case are that the appellant, who initially joined the Agriculture Department, was on 6-4-1976, transferred as Overseer, Bagh-e-Jinnah, Lahore (Agriculture Officer) against the post in the Extension Cadre. The appellant claims to have acquired special qualification and aptitude in the field of Horticulture Floriculture for which he is said to have opted to be confirmed as Agriculture Officer (Gardens) in 1976, and he should be deemed to have confirmed as such under rule 7(1) of the Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974, which relates to appointments on probation. However, by the impugned order he was transferred of which he is aggrieved.
The appellant claims that he stood confirmed against an ex cadre post in the Extension Cadre in the Bagh-e-Jinnah, Lahore, Establishment as Overseer (Agriculture Officer) and, therefore, he had acquired the lien against the aforesaid post and was not liable to transfer against sit ex cadre post.
He pointed out that he was similarly transferred on 9-9-1978, but on his representation, his transfer was cancelled. He submitted that his representa--tion dated 28-3-1979 has failed to yield any result. Consequently, he filed the present appeal before this Tribunal on 24-10-1979. The appeal is also accompanied by an application for the condonation of delay on the ground that the transfer order was not communicated to the appellant in time, and thus he could not file the appeal earlier and, therefore, the delay be condoned.
4. After hearing the learned counsel for the appellant, we find that there is no order confirming the appellant in the capacity of Overseer, Bagh-e---Jinnah Lahore (Agriculture Officer). Thus the very basis for the contention of the appellant is missing. The contention of the appellant based on rule 7(1) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, is equally misconceived. The aforesaid rules contemplate appointment on probation and prescribe probation period of two years for substantive appointment in case of initial recruitment and a period of one year in case of other appointments. The appellant has not shown to us that he was appointed as such in the capacity of Overseer, Bagh-e-Jinnah, Lahore. In any event, according to the terms and conditions of the appellant as contained in the Punjab Civil Servants Act, section 9 of the Act creates a clear liability of the appellant to serve anywhere within or outside the Province in any post under the Government of Punjab, or the Federal Government or any Provincial Government or a Local Authority or Corporation or a Body set up or established by any such Government. The impugned order at best is a transfer order and the appellant has shown nothing to us which debars the Government from transferring the appellant from the post against which he was posted at that time. Assuming for the sake of argument that the appellant was to be treated as confirmed hand against the post held by him in Bagh-e-Jinnah, Lahore, still his liability to transfer was unexceptionable, as both the posts were under the same Government. Thus the impugned order could not be held to be illegal and deficient on any ground whatsoever.
5. Consequently, the appeal has no merit and is accordingly dismissed in limine.