1. S. A. MAHMOOD (CHAIRMAN).-This appeal is by Mr. M. A. Chughtai, Assistant in the office of Director of Industries (Supply Wing), who has been placed at serial No. 76 in the seniority list of Assistants and Stenographers as on 1-4-1968, circulated on the 27th April 1968, by the Government of West Pakistan, Directorate of Industries and Commerce (Administration Wing). He is aggrieved by his ranking at serial No. 76 on the ground that his seniority has been counted as Assistant from 2-11- 1959, the date he joined the office of Director of Industries and not 13-1-1950, when he was promoted as Senior Clerk in the Central Government, which is a grade comparable to that of Assistant iii the Provincial Government Mr. M. A. Chughtai was appointed by the Central Government as Junior Clerk on 1-7-1949 in the Supply and Development Wing of the Ministry of Industries, and was promoted as Upper Division Clerk in 1949. On 13-1-1950, he was promoted as Senior Clerk in the grade of Rs. 125-10-225 and confirmed on 19th February 1955. On the second of November 1959, in consequence of re-organization of Supply and Development Department of Government of Pakistan in view of a change in the lists of subjects within the competency of the Provincial and Central Governments, some 30 officers of Central Government were rendered surplus and Government of West Pakistan agreed to take them on their rolls in the office of Director of Industries subject to the guarantee that the seniority of those persons would be determined from the date of continuous officiation in the same grade or comparable grades. Mr. M. A.
2. Chughtai, and Siraj-ud---Din, who was appellant in Case No. 208/119 of 1970 before us, were absorbed in the office of Director of Industries by office order made by the Director of Industries, West Pakistan on 13th November 1959. This order shows that they were absorbed w.e.f. 2nd November 1959, in that Office. In view of the closure of the purchase Wing of Supply and Development Department of the Central Government, Mr. M. A. Chughtai was reverted in absentia on 2nd November 1959, but he took over in the office of Director of Industries on the same day in the afternoon as Assistant which was a comparable grade. He has continued to serve in that Department of the Provincial Government ever since as- Assistant. He claims seniority as Assistant not only from the 2nd November 1959, but from 13-1-1950, when he was promoted as Senior Clerk of the Central Government, on the basis of con--tinuous officiation in accordance with the principle on which he was transferred to the Provincial Government, and the condition of transfer was accepted by the Provincial Government. The case of the present appellant is similar to that of Sirajud-Dia, whose appeal was accepted by us on 24th September 1970, and we directed that his seniority shall count from 13.1-1950, when he was promoted as Senior Clerk as the appellant claims, the only difference in their cases being that of Siraj-ud-Din was reverted in absentia on 3rd November 1959, while the present appellant was reverted on 2nd November 1959. This reversion was, however, made on paper and did not take effect. The appellant---s has continued first as Senior Clerk of the Central Government from 13-1-1950 and as Assistant in the office of Director of industries from 2-11-1959. Both being comparable grades, we declare, for reasons stated in the appeal by Siraj-ud-din, which order may be read as a part of this order, that the seniority of the appellant be counted w. e. f. 13-1-1950, and effect should be given to this order of seniority along with all consequential benefits.
3. An argument has been raised before us that the appellant being on deputation with the Provincial Government, he is not provincial employee and this appeal does not lie, but this conten--tion is not well founded, because the appellant was absorbed by once order of the Director of Industries and he is being treated for all intents and purposes as an employee of the Provincial Government. Since his appointment in the office of Director of Industries has not been mach against a permanent post, his lien is retained in the Central Government but that does not alter the situation that he is being treated as an employee of the Provincial Government, whose name was included in a seniority list of Provincial employees as circulated by the Government of West Pakistan, and there is no intention or possibility of reversion of the appellant to the Central Government. The relevant subject having been transferred from the competency of the Centre Government, the Purchase Wing of the Central Government was closed and there appears to be no possibility left for the appellant to revert to the Central Government. If, therefore, for reasons of non-provision of a permanent post, the appellant's fin is retained in the Central Government, 1t cannot be disowned b the Provincial Government, when his seniority is being shown among other employees of the Provincial Government.
4. For the reasons stated above, this appeal is accepted with, no order as to costs.