' M. SALEM CHAUDHRY (CHAIRMAN).-This is an appeal by Abdul Majid, Inspector of Police, who was granted pro forma admission to list 'F' retrospectively from 15th May, 1972, after having remained as Prisoner of War in India, and seeks seniority in that list from the same date and impugns in this connexion the order dated 25th October, 1979 of the Inspector-General of Police rejecting his representation in this respect,
2. The appellant joined the Police Department on 15th March, 1960 as Probationer A. S. I. He was promoted to officiate as S. I. On 9th July, 1966 and confirmed as such on 26th June, 1968. He was deputed to East Pakistan in June, 1971, where he became a P.
0. W. And returned to Pakistan on 18th January, 1974. His name was brought on list 'F' in July, 1974. In due course he represented that his name should have been on the 'F' list prepared earlier, as if he had never gone out of the Punjab. This representation was accepted and his name was put on list 'F' with effect from 15th May, 1972. He made another representation that he had not been included in the list at an earlier stage because he had not been granted the special grade which after 1st March, 1972 was a sine qua non for promotion to Inspector, as he was out of the Province at the relevant time. He now sought grant of the special grade in order to qualify for promotion. This representation was forwarded to the D. I.-G. Police, Multan Range, as the appellant belonged to that Unit, and the D. I.-G. Accepted it, granting him special grade in the rank of S. I. From 10th October, 1971, the date from which his juniors were granted the grade. Having achieved the special grade and inclusion in list 'F' from the desired date, the appellant started agitating for seniority normally accruing from these dates and this is the plea which was turned down by the I.-G. Police.
3. During the hearing of the case the main support on which the appellant relied was the detailed circular letter No, 7217-57/E. II issued on 7th June, 1973 by the I.-G. P. Laying down the treatment that was to be accorded to the Police Officers who had been repatriated from India as P. O. Ws. Highly commending their services and sacrifice, it was laid down that not only due but generous consideration should be shown to these officers, the basic principle being that no Police Officer deputed to East Pakistan should be allowed to suffer in terms of service prospects and seniority on account of his absence from the parent Unit. It was on the basis of these instructions that the appellant's representations were accepted, with the position emerging that he was confirmed as S. I. With effect from 26th June, 1968, promoted in special grade on 10th October, 1971 and entered in list 'F' on 15th May, 1972. Rule 13.15 (4) of the police Rules lays down that seniority in List 'F' would be in accordance with the date of entry in that list, and in observance of that rule and the I.-G. P.'s circular letter mentioned above, the appellant should be granted his seniority consistently.
4. On behalf of the respondent department it was stated that there is no provision under Police Rule 13.14 for automatic promotion to Special Grade. This promotion is actually to be made by the S. P.
Concerned on the basis of seniority, subject to fitness, as provided in sub-rule (1) of the said rule.
During the appellant's detention his case for List 'F' was duly considered by the Addl.
1. G. P. On 15th December, 1973 along with that of other S. Is. But he was not considered fit for the List for lack of requisite experience. Later, in consideration of his having been a P.
0. W. The special grade was granted to him on pro forma basis, but the grant of relevant seniority position was not considered feasible at this belated stage.
5. It is noticeable that the respondent department has nothing more to say against giving the benefit of the seniority to the appellant than "Not feasible at this belated stage". No other argument has been put forth, nor is anything said about the character and performance of the appellant which could be taken to be a hindrance in the way of according him this benefit. To us it appears that retrospective grant of special grade and pro forma inclusion in List 'F' from a prior date do not hold much meaning when the only attendant benefit, i. e. Seniority, is not given simultaneously, the appellant having offered to forego the financial benefit of arrears of pay. This offer was incorporated in the order of the, S. P., Multan dated 10th April, 1979 that the promotion of the appellant as special grade S. I. With effect from 10th October, 1971 was without any claim for arrears of pay. The circular letter of the I.-G. P. Laying down directions for treatment of repatriated Police Officer, inter alia, states in para. 4(e) : "service prospects and seniority of such officers will be duly safeguarded, but they will have no claim for arrears on account of pro forma promotion."
6. The right of the appellant to seniority on the basis of the benefits already granted to him appears to be indisputable. His only handicap could have been any other factor which the Department considered as an B insurmountable hurdle, but the department has not presented any other factor and its only objection is that seniority at this belated stage is not feasible. This is an objection based neither on rules nor on practice and has to be overruled. We accept this appeal in principle.
We shall not pin-point the exact place where the appellant should now stand in the seniority list, leaving that to the respondent department to re-fix in the light of or decision. There shall be no order as to costs.