The appellant Ahmad Khan was appointed as ASI in Sindh Police w,e.f 3.4.1990 and promoted as SI on 23.4.1995 and also confirmed from the same date as SI. The appellant was also further promoted as Inspector w.e.f 10.4.2003 and confirmed as such w.e.f 11.4.2005. Due to his family circumstances at district Chakwal the appellant had applied for his transfer from Sindh to Punjab province. After observing all the formalities he was transferred by IGP on compassionate grounds with the following terms and conditions:-- a. His appointment will be treated as fresh appointment for all intents and purposes. b. He will get seniority from the date of his joining in Punjab Police. c. He will be adjusted where a vacancy is available. d. He will not claim TA/DA and transfer grant. e. No case or enquiry even by the ACE is pending against him. f. He will not. claim posting of his choice. g. Pension liabilities will be shared by the concerned Federal and Punjab Govt.
2. After arrival in the Punjab Province he had filed a representation before Inspector General of Police, Punjab that his condition of service/transfer may be modified by protection of pay being drawn in Sindh Police and seniority at the bottom of confirmed Inspectors during the year 2003 of Punjab Police. This representation was rejected on the grounds that appellant after accepting the terms and conditions of service had joined the Punjab Police as Inspector and fresh appointee and previous seniority cannot be given to him because he had undertaken to accept appointment as fresh Inspector.
3. The counsel for the appellant has pleaded that the condition of fresh appointment was used when appellant was transferred from Punjab to Sindh province. The appellant in Sindh Police had rendered 20 years service hence this cannot be treated as fresh appointment. The condition No,
(a) in the order dated 2.12.2009 needs to be deleted and condition No, (g) needs to be modified to the extent of replacing the word "Federal" with Sindh Govt.
4. The respondents have opposed the contention of the appellant and pleaded that appellant had himself accepted the condition for his transfer hence his plea for allowing the seniority at the bottom of confirmed Inspectors during the year 2003 of Punjab Police is not justified. He had requested against the terms and conditions already settled with the Sindh Govt and Punjab Govt.
5. The D.A has also supported the version of the respondents and taken the point that his transfer was made on the conditions applicable to inter province transfer and there should be no exception to the appellant. The Govt. has already given the opportunity to appellant to serve in Punjab.
Further acceptance of the claim would not be justified.
6. Contents of the appeal and comments of the respondents have carefully been 'examined.
Arguments of the counsel for the appellant heard.
7. The Govt. of Punjab had allowed the appellant transfer on compassionate grounds and by taking in view his family problems. Such inter province transfer is governed under the policy Letter No, SOR11-8- 63/73 dated 9th January, 1975 of S&GAD. The conditions prescribed in this letter relating to inter provincial transfer are as follows:--
(a) The appointment in Punjab will be treated as fresh appointment for purposes of seniority. The official concerned will, therefore, get seniority from the date of joining. Prior consent of the official will be obtained in writing;
(b) The provincial government whose official is transferred will share proportionate pensionery liability for service rendered by the official concerned under that government. Prior agreement in this behalf will be obtained;
(c) The pay of the concerned official shall be protected.
8. This policy letter have further been elaborated in another policy Letter No, SOR-VI-8-63/73 dated 11-5-1982. It prescribes the following terms and conditions:--.
(i) The appointment of the concerned official in the Punjab will be treated as fresh appointment for purposes of seniority and accordingly, he will get seniority from the date of joining in the Punjab.
(ii) Only pay of the concerned official shall be protected.
(iii) As the inter-provincial transfer is to be allowed at the request of the official, he will not be entitled to any transfer, T.A/D.A and transfer grant;
(iv) The pensionery liability will be shared between the concerned provincial government and the Punjab Govt, in accordance with the standing "agreement' as contained in appendix-4 to the Punjab Financial Rules, Volume-II.
9. The appellant had accepted the conditions of transfer that he will be treated as fresh appointee in Police Department and will get the seniority from the date of joining in Punjab. His pay will be protected and pensionery liability would be shared between Punjab Govt and Sindh Govt. The period he had served in Sindh Govt, the pensionery contribution will be shared by Sindh Government and the period he will serve in Punjab will be considered by Punjab Govt. The claim for allowing the seniority as per confirmed Inspectors of 2003 in Punjab is against the conditions already accepted by the appellant. This plea for seniority is dismissed. The clerical mistake of the word "Federal" will be changed with the word Sindh. The pay of the appellant shall be protected as he was drawing at Sindh Province. With these orders the appeal is disposed of.