1. S. A. MAHMODD (CHAIRMAN).-This purports to be an appeal: by Mr. Muhammad Abdul Latif, now a confirmed Senior Scale Stenographer in the Punjab Civil Secretariat, by which he prays for a declaration that the order of the Chief Secretary refusing to permit reversion of the appellant to his original ministerial cadre may be set aside, so that he may be in a position to have his seniority determined in that cadre: The appeal arises out of the following facts:- Mr. Muhammad Abdul Latif, the appellant, having been recruited as a Junior Clerk on 5-3-1947 was promoted its Senior Clerk on 16-6-1954, but he was not confirmed either as a Junior Clerk or as a Senior Clerk. He applied for permission to sit in the Competitive Examination held in the Civil Secretariat for recruitment as a Junior Scale Stenographer. He was allowed to do so, and he was selected. He took over as Junior Scale Stenographer in the Civil Secretariat on 7-3-1955, and on 18- 2-1960, he was confirmed as Junior Scale Stenographer with effect from 14-10-1955. Meanwhile on 25-1-1959, he was promoted as Senior Scale Stenographer, and has been confirmed as such on 27- 8-1963. Before he was confirmed as Senior Scale Stenographer, he applied for reversion to his original ministerial cadre on 12-3-1960, but his application remained under con--sideration for many years. He was given the benefit of War Service for three years 11 months and 26 days on 26- 4-1969 as a result of which his date of appointment as Junior Clerk was fixed as 10-3-1943 and as Senior Clerk as 4-12-1944. Ultimately, as late as 7-3-1968, his application for reversion to the ministerial cadre was rejected. The reasons for the rejection were that he was not holding any lien on a clerical post and even if he had acquired such a lien, it would have automatically been vacated on his appointment as Stenographer. He could not be allowed to change his cadre to suit his conveni--ence. The appellant made a representation to the Chief Secretary to Government of West Pakistan on 21-6-1969. This was rejected by him on 14-7-69. This led to his moving this Tribunal tinder section 4(1) of the West Pakistan Civil Services (Appellate Tribunals) Ordinance, 1969.
2. This appeal having been directed against an order refusing to allow reversion of the appellant to his original ministerial cadre is not covered by section 4 or 7 of the West Pakistan civil services (appellate Tribunals) Ordinance, 1969 and is not, therefore, within the competence of this Tribunal.
3. Section 4 gives a right to a Government servant aggrieved by an order of the competent authority, fixing his seniority, to file an appeal within three months of the publication of the latest list of seniority. Section 7 confers jurisdiction on the Tribunal to hear, and decide appeals against orders of competent authority fixing seniority of Government servants. It is obvious that the present appeal does not fall under any of these sections and is, therefore, beyond the competence of this Tribunal. It does not relate to a matter relating to an order of seniority or the latest list of seniority, but it relates to refusal of the competent authority to allow reversion of the appellant to his original ministerial cadre.
4. On merits the appellant's main grievance is that he should be deemed to have been confirmed as Junior Clerk and Senior Clerk, so that he retained his lien in his original cadre. His contention is based on the Circular letter of the Services and General Administration Department No. SOXII (S&GAD)-2--133/63, dated 12-8-1963. He also relies on Explanation II to. rule 8 of the West Pakistan Secretariat Ministerial Service Recruitment Rules, 1963, which came into force on 15-1-1963, The circular letter in question and the rules came into operation in 1963 and could not be applied retrospectively. Because the appellant was not confirmed in the ministerial cadre, he did not retain a lien in that cadre when he joined as Steno--grapher and was confirmed as Junior Scale Stenographer with effect from 14-10-1955. Even if it be assumed for the sake of argument that he had a lien on the post of Junior or Senior Clerk in his original ministerial cadre, that lien would auto- -matically disappear under rule 3.14 of the CSR (Pb.), Vol. I, Part I, and would not be retained under rule 3.15 of the CSR (Pb.), Vol, 1, Part 1, as is argued on behalf of the appellant. When the confirmation of the appellant in the Stenographer's cadre took place, his lien even if existing in his original cadre, would disappear and there would be no right left to revert to his original cadre. it is in the discretion of the competent authority whether to allow transfer of lien to the appellant and to permit him to revert from one cadre to the other. That having been refused, this Tribunal has no power to order otherwise.
5. For the reasons stated above, this appeal not being competent is dismissed with no order as to costs.
6. It may be mentioned that it was on the objection of the learned counsel for appellant to Mr. Bashir Ahmad Khan, learned Member of the Tribunal hearing the appeal that he withdrew from the Bench and the appeal was heard by the Chairman and the other Member.