SHAFI-UR-REHMAN, J.-The petitioner, an Inspector in the Provincial Excise & Taxation Department, seeks leave to appeal against the judgment of the Punjab Service Tribunal dated 28-9-19230 where his claim to seniority since 1961 was denied and the appeal before it was dismissed.
2. The petitioner joined the Department of Excise and Taxation Government of the West Pakistan on 13-3-1961 at Quetta against quota reserved for the ex-servicemen. Not immediately following the disintegration of West Pakistan but long thereafter and on his representations he was repatriated to the Province of Punjab and placed lowest in the seniority list. He represented against it on the ground that he was a domicile of Punjab was entitled to be repatriated in accordance with law to Punjab and could not be denied the benefit of his service earlier rendered in Quetta Region. The department denied him the relief. He appealed to the Service Tribunal which on a report received from the Government of Baluchistan held that the petitioner was recruited to a regional cadre on the basis of his domicile then disclosed as of Quetta-Pishin and was recruited against the quota reserved for ex-servicemen. It was held that he had sought and obtained his transfer to the Punjab on compassionate grounds and for that reason the seniority allocated to him was in accordance with law and he could not be allowed to successfully challenge it.
3. The learned counsel for the petitioner has contended that there was material on the record from which it could be inferred that the petitioner was in fact a domicile of Lahore and not of Quetta- Pishin and that he had to be repatriated on account of being a domicile of Punjab keeping intact the benefit of seniority for the service rendered in Quetta Region. For making out the first point that he was a domicile of Lahore the learned counsel relied on his receiving education in Dyal Singh College, Lahore and that he had obtained a domicile certificate from the District Magistrate, Lahore. For establishing that he was not a domicile of Quetta-Pishin he relied on the relaxation in age which was allowed which would not have been at all necessary if he had been recruited as a domicile of Quetta-Pishin. For establishing that his was a case of repatriation on account of domicile of Punjab he relied on the payment of T. A. D. A. For the transfer and not its refusal as it would have been done in case of a transfer on request on compassionate grounds.
4. The petitioner has not frontally challenged anywhere the report of the Baluchistan Government stating the factual aspect of his case that he obtained appointment in the service on the basis of Quetta-Pishin domicile. He obtained his transfer on compassionate grounds. He was recruited to a regional cadre to which he could not have been recruited on West Pakistan basis. The petitioner wanted that inferences should be drawn from other facts and he need not have repudiated categorically these facts appearing in the report of the Baluchistan Government. On that view that the petitioner takes of the situation the Tribunal has recorded a finding of fact and it raises no question of law which may require examination by this Court. Unless the petitioner were to say that he did not obtain his appointment on Quetta---Pishin Domicile or that it was not a regional cadre to which he was appointed he could not remove his case from the domain entirely of facts to one of law leave is therefore, refused.