JUSTICE (R) SHOAIB SAEED, CHAIRMAN --- Appellant joined Agriculture Department, Government of the Punjab on 4.11.1987 as Assistant Agricult ure Engineer (BS-17); thereafter on his selection through proper channel as Deputy Director (BS-18) against a temporary post he joined Pakistan Council of Research in Water Resources (PCR WR) under the Ministry of Science & Technology , Government of Pakistan; later absorbed in PCR WR in BS- 18 against a regular post w. e.f. 25.6.2010 whereafter his lien against the post he held as Assistant Agriculture Engineer in the field of Agricultural Department, Government of Punjab stood terminated from the date he was absorbed vide order dated 6.1.201 1.
Appellant filed instant appeal with the following prayer:-- "In the light of the above, it is most respectfully prayed that the respondents (1-3) be directed to transfer the accumulated profit at prescribed Governmental rate on the amounts of GP Fund in the GP Fund Account maintained at PCR WR, held illegally by the respondents (1-3) since 01.06.2010 till the date of final payment."
2. Appellant is an employee of Pakistan Council of Research in Water Resources (PCR WR) which is under the Government of Pakistan, Ministry of Science & Technology .
Appellant deeming himself to be a civil servant of the Province of Punjab within the meaning defined under Section 2(b) of the Punjab Service Tribunal Act, 1974 filed this appeal, the relevant Section is reproduced as under:-- "Civil Servant" means a person who is or has been member of a civil service of the Province or who holds or has held a civil post' in connection with the affairs of the Province"
3. Learned Counsel for the appellant averred that before joining PCR WR appellant served in the Agriculture Department, Government of Punjab, therefore, he was entitled to transfer of up-to-date GP Fund balance accumulated together with profits held with District Accounts Office, Gujranwala for their transfer to GP Fund account maintained at PCR WR. He emphasized that in terms of Section 2(b) of the Act ibid the definition of civil servant is inclusive of person(s) "who has been" in the civil service of the Province , this Tribunal has jurisdiction to entertain this appeal and direct respondents for transfer of GP Fund.
I do not agree with the contentions of the learned Counsel because the words "who has been" in the civil service are meant for those person( s) who retired during service or are otherwise penalized under enactments relating to the terms and conditions of service of civil servants and not for person(s) who leave job for any other reason, appellant left the job at his own choice and joined a "body corporate" known as Pakistan Council of Research in Water Resources (PCR WR) under the Ministry of Science & Technology a Federal Government Department, his lien with the Agriculture Department on absorption in PCR WR also stood terminated w.e.f 25.6.2010.
4. Learned Counsel has placed reliance on judgment reported as 2010 PLC (CS) 125 titled as "Asifa Farhat v.
DCO, V ehari and three others ", the judgment relied upon is not attracted in this case.
5. Appellant in terms of Section 2(b) of the Act ibid is neither in the civil service of the Province nor he is holding a civil post in connection with the af fairs of the Province.
6. This Tribunal under the circumstances has no jurisdiction to entertain this appeal, dismissed accordingly .