' ABDUL HAMID CHAUDHRY (MEMBER).-Appellant has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded respondents as mentioned above.
2. By virtue of this appeal, the appellant has prayed that the name of the appellant be ordered to be included in the seniority list of Assistant of the office of the Chief Engineer, Irrigation, Central Region, Lahore w. e. f. 25th September, 1974 i. e. The date of joining of the appellant in the office of the respondent No, 2.
3. Brief facts of the case are that Shaher Yar Sher Afghan Bhatti, Assistant office of the Chief Engineer Irrigation Multan was transferred to the Central Irrigation Region, Lahore, for absorption in the Indus Water Treaty and Regulation Directorate, on temporary basis by Government of the Punjab, Irrigation and Power Department vide order, dated 31st August, 1974. The appellant was transferred at his own request and he was to be placed at the bottom of the seniority list of the Assistants of the Central Irrigation Region. However, in the same order, a condition was added that the appellant would be brought on the cadre of the Central Region on permanent basis when at a later stage it was decided that the Ministerial Establishment attached to the Indus Water Treaty and Regulation Directorate was permanently brought on the cadre of the Central Irrigation Region.
The position is the same till today that is that Indus Water Treaty and Regulation Directorate is still temporary and the Ministerial Establishment attached to it has not been brought on the cadre of Central Irrigation Region. However, on the above-mentioned transfer of the appellant, the lien of the appellant was terminated by the Chief Engineer, Irrigation, Multan vide his letter dated 10th February, 1975. But on the other hand, the appellant has not been brought on the establishment of the Central Irrigation Region by the Chief Engineer of Central Region on the plea that the appellant is the employee of the Chief Engineer Irrigation, Multan as his lien could not be terminated by that office, in view of the condition added is the transfer order of the appellant, dated 31st August, 1974 by the Government of the Punjab Irrigation and Power Department. This has put the appellant in an anamolous position as his lien has been terminated by the Chief Engineer, Multan but his name has not been placed on the seniority list on his transfer by the Chief Engineer Central Region on the plea that he is borne on the cadre of the Chief Engineer, Multan and that office required to include his name in their seniority list at the appropriate place. Hence this appeal,
4. We have heard the parties and have also perused the record of this case. The representative of the Chief Engineer Irrigation Central Region, Lahore has produced the documents and has submitted that the appellant is still an employee of the Multan Region being its permanent allocatee holding permanent lien there, keeping in view the condition added by the Government, of Punjab Irrigation and Power Department in their letter, dated 31st August, 1974, as the Indus Water Treaty and Regulation Directorate is still temporary and the Ministerial establishment attached to this Directorate has not been brought permanently on the cadre of the Central Region. Hence the action of the Chief Engineer, Multan in terminating the lien of the appellant from that region is not in order and the appellant continues to be an employee of the Multan Region.
5. We have given our anxious thought to the above position of this case brought before us and have perused the record of this case very carefully. The appellant was transferring from Multan Irrigation Region to Central Irrigation Region, Lahore, vide Government of Punjab Irrigation and Power Department Order No, SO. III (6) 3-43/73, dated 31st August, 1974 and the endorsement for the Chief Engineer, Irrigation Central Region, Lahore, mentions as follows :- ' The Chief Engineer, Irrigation, Central Region, Lahore with reference to his No, 1382/Admn./74/8264/383/74, dated 24th August, 1974 with the remarks that the above-named official will be brought on the cadre of the Central Irrigation Region on permanent basis when at a later stage it is decided that the ministerial establishment attached to the Indus Water Treaty and Regulation Directorate is permanently brought on the cadre of the Central Irrigation Region."
' It is also clear from the record that the Indus Water Treaty and Regulation Directorate is still temporary one and the ministerial establishment attached to this Directorate has not been brought so far permanently on the cadre of the Central Irrigation Region. The Chief Engineer, Multan should have not terminated the lien of the appellant till he was permanently absorbed in the Central Irrigation Region as per above clear cut order of the Government of the Punjab Irrigation and Power Department. The stand taken by the Chief Engineer, Central Region, Lahore that the appellant is still an employee of the Multan Region being its permanent allocatee holding permanent lien there, is correct and the appellant for all intents and purposes is holding the permanent lien in Multan Region.
6. The upshot of the above analysis is that the appellant is permanent allocatee, bolding a lien in the Multan Region, Hence the Chief Engineer, Irrigation Multan Region is directed to treat the appellant on the cadre of that region and the name of the appellant be brought in the seniority list at the appropriate place as he continues to be an employee of that region and his service right be protected in his present region. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.