Pakistan Case Law← Search
1976 PLC [C. S. T.] 27

Ch. MASOOD AHMAD vs EXCISE & TAXATION DEPARTMENT

Citation1976 PLC [C. S. T.] 27
CourtAdministrative Tribunal
Case No.Case No. 234 of 1974
Date1974-09-24
Judge(s)Khalid Farooq Akbar, Saad Saeed Jan, Asfhaq Ali Khan
ResultN/A

ORDER

The appellant initially appointed as S. I. (Opium). Some the in 1966 he was declared surplus and his services were terminated w.e.f. 8-3-66. He was allowed one day's leave and thus was made to relinquish charge on 7-3-66. On 5-5-66 he was appointed as S. I. (Excise). It was an entirely new appoint--ment as the letter of appointment issued to him indicates. Thus, his seniority amongst the S. I's. (Excise) has to be counted from the date when be was offered this new appointment. This is exactly what the administration department has done.

2. In support of this appeal, the appellant has relied upon the West Pakistan Excise and Taxation Department Subordinate Service Rules which came into force in November 1966. Under these Rules the posts of S. I's. (Excise) amongst others were included in one service namely, the West Pakistan Excise & Taxation Department Subordinate Service. It is contended that on account of the merger brought about by the said Rules the appellant is entitled to count his seniority from the date when he joined as S. I. (Opium). We do not think so. At the the when the services of the appellant were terminated, the S. I's (Excise) and S. I's. (Opium) belonged to entirely to different services. The merge took place long after the appellant had been declared surplus as S. I. (Opium) and his services had been terminated. Consequently, he cannot claim that he should be assigned an higher position in the seniority list over those S. I's who were already working on the Excise side when the appellant was appointed thereto as a fresh recruit. We find nothing in the Rules which may suggest that the merger was to take effect retrospectively.

For the reasons stated above this appeal is without any merit and is here--by dismissed in limine.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search