' S. ABDUL JABBAR KHAN (CHAIRMAN).-Attiya Zulfiqar Malik, Assistant Professor, Government College for Women, Sahiwal, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, claiming seniority with effect from 12th October, 1954 with all back benefits. This appeal was filed by her on 30th November, 1977 but somehow or other this case remained pending uptil now, which is now being decided.
2. Brief facts of the case are that appellant passed her M. A. In English from the Panjab University in 2nd Division in the year, 1952 whereafter from 14th September, 1953 to 28th February, 1954, she worked as a purely temporary lecturer in English at Lahore College for Women, Lahore. In the year 1954, six posts of Junior lecturers on permanent basis, were advertised by the Punjab Public Service Commission. She was interviewed on 16th June, 1954 and selected. After her selection she was offered the post of Junior Lecturer in English and was directed to join at Government College for Women, Multan vide Memo. No, 21648-W, dated 19th July, 1954. However, she did not join. This matter is a subject of dispute between the parties whereas appellant claims that despite her refusal to join at Multan she was again accommodated and was asked to report for duty at once to Principal, Lahore College for Women and thus remained in service. On the other hand the stand of the respondent is that she refused to accept the post outside Lahore and accordingly the joint Punjab/N.-W.F.P. Service Commission was requested to cancel her selection vide Government letter No, 3821-W, dated 10th November, 1959 and to recommend some other suitable candidate for the post at Government College for Women, Multan. The fact of the matter is that the appellant started working at Lahore in the Lahore College for Women from 12th October, 1954. The appellant applied for maternity leave from 2nd January, 1958 to 28th February, 1958 with permission to prefix X-mas holidays from 21st December, 1957 to 1st January, 1958 and it was during this period when she had actually proceeded on leave, her services were terminated with effect from 2nd January, 1958. The appellant agitated against this action of the respondent when she resumed her duty in compliance with the Principal's Memo. No, 150, dated 22nd February, 1958 and Memo. No, 6558-Z, dated 24th February, 1958. In this context of her precarious position of her services she applied for permanent post of Lecturer in 1962 when this post was advertised by the Punjab Public Service Commission and consequently selected. After joining her new assignment she started agitating for her back date seniority which the respondent refused to accept. It was in October, 1977 that her claim for seniority with effect from 12th October, 1954 could not be accepted on the basis of factual verification made by the Education-Department from Public Service Commission and the Accountant- General, Punjab. Hence this appeal,
3. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the Representative of the Department and have perused the record of this case carefully with their assistance. The learned counsel appearing on behalf of the appellant has candidly conceded that despite lengthy pleading in the appeal the only point for determination is whether earlier selection of the appellant by the Public Service Commission stood cancelled or that when she refused to join her assignment outside Lahore, and secondly her assignment in Lahore College for Women was an arrangement in a long leave vacancy or permanent posting in favour of the appellant. The learned District Attorney on behalf of the respondent also agreed that these are the only two issues which need adjudication and rest is nothing but repetition of these points over and over again, in the memo of appeal.
4. In order to resolve these two issues we will now advert to the record which would be a conclusive evidence to settle this controversy. It is on the record that Attiya Zulfiqar (then Miss Attiya Minhas) was offered a posting at Government College (W). Multan vide Memo. No, 21648-W dated 19th July, 1954 of the former D P I Punjab, Lahore, and she refused to accept the same as this assignment was located outside Lahore. It is also matter on record that the respondent requested joint Public Service Commission by letter No, 3821 dated 10th November 1959 to cancel this selection and recommend some other suitable candidate for the post at Government College for Women, Multan. It is also borne out from the record of this case that the appellant's appointment as officiating Junior Lecturer L C (W) against leave vacancy was notified under the Punjab Government Notification No, 38649/W dated 15th November 1954. In view of this documentary evidence we are not persuaded to accept the argument of the appellant that her appointment in Lahore College for Women was permanent arrangement and she continued in service without any break. Whereas we are fully satisfied that her appointment at Lahore College for Women, Lahore was not in consequence of her selection by the Commission but it was an officiating arrangement against leave vacancy which was to expire on the return of permanent incumbent of the post from leave. Therefore the question of completion of probation period at Lahore College for Women as claimed by the appellant does not arise. It is also established that the appellant's selection in 1954 was cancelled as the same was intimated by the Punjab Public Service Commission under letter No, P SC-RD-I1-77/755-D, dated 2nd June 1977. Her appointment at Sahiwal as Junior Lecturer was fresh ad-hoc, appointment and when she appeared for interview before the Commission in connection with her selection for the said post, the Commission had clearly informed that it did not find her suitable for permanent post and had only allowed her to continue by way of stopgap arrangement. We also further find that the termination of service of the appellant took place on 27th January 1958 but subsequently the tenure of temporary appointment was extended up to 31st December, 1961. We also did not find on the record of any representation with the respondent which is alleged to have been made 44 12th August, 1957. We are further fortified to hold these views that she herself accepted this position in her application for selection submitted by her to the Punjab Public Service Commission in 1961. The appellant was 13 fully aware of the status of her appointment when she appeared before the Punjab Public Service Commission and it was only in 1962 that she was selected against a regular post.
5. In the light of the above discussion we have no hesitation to hold that the claim of the appellant in respect of seniority from 1954 is without any merit. Accordingly we proceed to dismiss her appeal. However, there will be no order as to costs,