1. ' M. SALEEM CHAUDHRY (CHAIRMAN).-Mr. Tufail Muhammad Alvi, Stenographer, Office of the Additional Commissioner (Consolidation) Multan Division has filed an appeal that he be treated as a Senior Scale Stenographer in N. P. S. 11 since 29th January, 1973 and payment of salary be made accordingly. Tufail Muhammad Alvi was Stenographer Grade 1 since 4th June, 1968 in the West Pakistan Small Industries Corporation which was dissolved on 30th May, 1972, as a result of Presidential Order. It was Government's policy that the staff rendered surplus from this Organization be absorbed in comparable posts by the Province to which the official was allocated. Tufail Muhammad Alvi was allocated to the Province of Punjab. The S&GAD decided to absorb Tufail Mohammad Alvi against the post of Senior Scale Stenographer in the Office of Commissioner, Multan Division vide their letter No, S. C. (W.
2. 1.) (S&GAD) 2-19/70 dated 28th January, 1973. Thereafter the Commissioner issued an order on 7th June, 1973 posting Tufail Muhammad Alvi as Stenographer to the Additional Commissioner (Consolidation) Multan Division. It was pointed out by the Commissioner to the S&GAD that the post of Senior Scale Stenographer in the Office of the Commissioner (P. A. To Commissioner) was not vacant and, therefore, Tufail Muhammad Alvi had to be accommodated as Stenographer to the Additional Commissioner. Tufail Mohammad Alvi submitted representations dated 3rd April, 1973, 2nd April, 1974, and 4th January, 1975, to the Senior Member, Board of Revenue. The surplus pool of the S&GAD was liquidated on 31st December 1974 and absorption of the surplus staff was considered by S&GAD as final vide Letter No, S.
0. W. ITI (S&GAD) 1-36/74 dated 27th December, 1974.
3. ' The position of the Commissioner throughout has been that Tufail Mohammad Alvi did not have enough experience and was therefore not fit for the post of P. A. To Commissioner. The S&GAD, in their letter flitted 23rd October 1976, No, SOWFI (S&GAD) 2-19/70 (S&GAD) SO-Fill suggested to the Commissioner that Tufail Muhammad Alvi may be transferred and posted to a lighter job.
4. ' In view of the protests and representations of Tufail Muhammad Alvi, Government decided vide their letter No, SOW' (S & GAD) 2-19/70 (S & GAD) SO-Fill to absorb him against one of the fifteen Posts of Senior Scale Stenographers in the Punjab Civil Secretariat and Tufail Mohammad Alvi was asked to report to Secretary (Services). Tufail Mohammad Alvi, however, represented against this order to the Additional Chief Secretary and ultimately on I st April, 1979 it was decided to cancel the posting of Tufail Mohammad Alvi for absorption in the Secretariat. It was further decided that he may be absorbed in Multan, if and when a suitable post becomes available.
5. ' It appears that Mr. Alvi was more interested in posting at Multan and since it has been decided that he will be absorbed in a suitable post at Multan, one of the main grievance of Mr. Alvi will he ultimately removed. The position is that the surplus staff has no right and the appointment or absorption in a particular post has to be determined by the appropriate appointing authority on the basis of their qualification, experience and record. On this basis, Commissioner Multan a competent authority refused to accept Tufail Mohammad Alvi as Senior Scale Stenographer.
6. Government, however, issues a direction invariably that the rules may be relaxed in cases where the staff to be absorbed is otherwise qualified. The Commissioner i,e, the appointing authority is this case did not approve the appointment of Tufail Mohammad Alvi as Senior Scale Stenographer.
7. The appeal of Tufail Mohammad Alvi must, therefore, fail.