Moazzam Hayat, Member.--Appellant Muhammad Ashraf is a Sorter in Rawalpindi Post Offices. He submitted a departmental appeal on 5.7.2010 for counting his seniority from the date of his appointment i,e, 13.06.1985. It was rejected on 20.10.2010. He submitted a review petition which too was rejected on 26.02.2011. This order was received by him on 02.03.2011. The present appeal was filed on 04.04.2011.
2. The learned counsel for the appellant has maintained that an amendment was made in Post Office Manual Volume-IV, 2nd Edition corrected up to 1st of January, 2004 by which Rule 366 was substituted. The substituted rule reads as under:-- "366. Civil servants appointed by promotion, transfer or initial appointment to a service, cadre or post shall take seniority from the date of their regular appointment to that service, cadre or post."
3. It is maintained by the learned counsel that the seniority of the appellant was to be reckoned under this rule. The respondents have resisted the appeal. It is submitted that the appeal is time barred. On merits, it is stated that the appellant could not claim seniority from the date he was appointed on adhoc basis.
4. We have heard the learned counsel for the parties and have also perused the record.
5. The appellant had filed departmental appeal on 05.07.2010 for counting his seniority from the date of his appointment on adhoc basis/on contract. His that appeal was rejected on 20.10.2010.
The present should have filed within one month starting from 21.10.2010. The present appeal filed on 04.04.2011 was time barred. No application for condonation of delay has been filed. The review petition rejected on 26.02.2011 did not extend the period of limitation. This petition was rejected on 26.02.2011. According to the appellant he had received the rejection order on 02.03.2011. Even if the period for filing the present appeal is reckoned from 02.03.2011 the appeal filed in the Tribunal on 04.04.2011 shall still be time barred. The objection of the respondents in this regard is upheld.
6. Even on merits, the appellant cannot seek seniority from the date of adhoc appointment.
Seniority can be claimed only from the date of regular appointment. The aforementioned rule also states that civil servants shall take seniority from the date of their regular appointment. It does not state that regularization shall be from the date of adhoc appointment. The benefit of adhoc service can be given only for reckoning length of service for promotion. Reference is made to Esta Code 2007 Volume-I, Page-243, Serial No,158. The continuation in service even on adhoc basis shall also be considered for fixation of pay and pensionary benefits but it shall not be relevant for determination of seniority.
6. In the above circumstances, the appeal is dismissed as time barred and being without any merit.
7. There shall be no order as to costs. Parties shall be informed.