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2008 SCMR 739

ASIF ALI BUTT vs PROVINCE OF PUNJAB and others

Citation2008 SCMR 739
CourtSupreme Court of Pakistan
Case No.Civil Petition No,574-L of 2001
Date2005-10-03
Judge(s)Falak Sher, Syed Jamshed Ali
ResultPetition dismissed

ORDER

' SYED JAMSHED ALI, J.--- The petitioner seeks leave to appeal against the order dated 1-1-2001 of the learned Punjab Service Tribunal whereby is appeal was dismissed. The brief facts of the case are noted hereunder.

2. The petitioner was working as Junior Clerk in the Pakistan Railways Police when the Pakistan Railways Police was under the Federal Government. The petitioner along with the other staff, working in the Police Department Was transferred to the Railways Police Act, 1977, created a separate functional unit of Railways Police. The -petitioner was confirmed on 1-3-1977 in the Pakistan Railways Police, promoted as Senior Clerk in 1980 and granted selection grade (BS-9) in the year 1987. His lien in the Punjab Police was suspended by I.-G.P. On 13-1-1981. On 21-9-1987, the petitioner was reverted to Punjab Police as Junior Clerk on his request and with his written consent.

He was promoted as Senior Clerk on 26-4-1988 in the Punjab Police. He filed a representation against suspension of his lien in the Punjab Police and prayed for restoration of his original seniority. His representation was rejected on 16-12-1999 and his appeal was dismissed by learned Punjab Service Tribunal.

3. The petitioner has appeared in person and has contended that his lien could not have been suspended even with his consent and, therefore, on transfer to the Punjab Police he was entitled to promotion as Senior Clerk on the date of promotion of his juniors i.e, respondents Nos.2 and 3.

4. The submissions have been considered. The petitioner was transferred to the Punjab Police on his own request and with his written consent, was confirmed in the Railways Police as Junior Clerk w.e.f, 1-3-1977. Confirmation in another post entails termination of lien on the post previously held.

The Tribunal also took notice of the fact that the petitioner approached the departmental authority with a representation against suspension of lien after more than 10 years. No A substantial question of law of public importance has been raised to warrant interference. Dismissed.

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