' SHAFIUR RAHMAN, J.---The petitioner, a civil servant seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Service Tribunal dated 15th of March, 1987, whereby his appeal, claiming seniority from an earlier date, was dismissed.
2. The petitioner was a pre-integration employee having joined service in N.-W.F.P., in the Office of the Comptroller, Northern .Area Peshawar, on 15-3-1955. On the disintegration of West Pakistan, he was to be repatriated to his original Province. The petitioner represented and sought his allocation in Punjab and posting in Lahore. His request was allowed and he was not repatriated to his original Province. In allocating his seniority in Punjab in the Office of the Director-General, Audit and Accounts, Works Lahore, his previous service was not reckoned. He wanted his seniority to be counted from 22-11-1962 when he was confirmed in that Office and not from 17-2-1972 when he opted for it. The Service Tribunal denied him the benefit.
3. Mr.Muhammad Rafique Chohan, Advocate, the learned counsel for the petitioner contended that as he had rendered this service in the Department where he continued to remain posted, he could not be denied the benefit of it. It was also contended that his domicile was Punjab and he was rightly allocated to the Office in Lahore.
4. Having admitted in his appeal before the Tribunal that he was a pre-integration employee of N.- W.F.P., and the Service Tribunal having held that he was a domicile of N.-W.F.P., the petitioner cannot claim any benefit from his domicile in Punjab, if at all it was so, or for having rendered service during the period of integration in the Province of West Pakistan, when he opted to seek a relaxation of the law applicable to civil servants at the time of disintegration of the Province. One of the conditions attaching to such relaxations was that if it was at their request and option, then they had to surrender their previous seniority and it is exactly that principle which had been applied against the petitioner in denying him the seniority. The principle of fixation of seniority upheld by the Tribunal is in accordance with the law applicable to the case. Leave to appeal is, therefore, refused.