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1989 SCMR 1444

MAHMOOD KHAN vs PROVINCE OF THE PUNJAB and others

Citation1989 SCMR 1444
CourtSupreme Court of Pakistan
Case No.Civil Petition No,83-R of 1988
Date1989-04-11
Judge(s)Ali Hussain Qazilbash, Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of the Punjab Service Tribunal, dated 16-1-1988.

2. The petitioner was serving as an A.S.I. In the Federal Security Force. On its disbandment, his services were permanently transferred to the Punjab Police with effect from 1-12-1977, where he was given a fresh appointment as junior clerk as per memorandum dated 28-12-1977 on temporary basis subject to the condition that his terms of service would be determined on receipt of policy/ruling from the Government. Since one of his colleagues, namely, Zawar Hussain, was appointed as an A.S.I. On the Executive side, the petitioner sought interview with the relevant authorities who advised him to wait till a vacancy occurred. The petitioner made another attempt but was told that no action could be taken till the policy is announced for the former F.S.F.

Personnel. The petitioner then made further representation to the Inspector-General of Police, Punjab, on 24-11-1986. A favourable comment was sent to him by the Department but the representation was turned down on 21st March, 1987. The petitioner then approached the Punjab Service Tribunal by filing an appeal but the same was dismissed through the impugned order.

3. We have heard the learned counsel for the petitioner, and as the case stands we do not see any merit in it in that admittedly the petitioner on being disbanded from the F.S.F. Was given a fresh appointment as junior clerk in the Police Department and on his joining the Police Service as such he gave an undertaking that he would not claim seniority over the already serving junior clerks. The policy in respect of terms and conditions of service referred to in various documents and relied upon by the petitioner obviously related to his joining on the ministerial side of the Police Department. The petitioner cannot take benefit of the case of Zawar Hussain because he joined the Police Service as an A.S.I. On the Executive side.

4. This petition is hereby dismissed.

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