1. ' Suit of plaintiff Moeenuddin for declaration that he is entitled to Selection Grade (BS-10) w,e,f, 1-7- 1983 in accordance with Office Order No,5254-78, dated 4-5-1986, and that Office Order issued by defendant No,4 (Assistant Registrar Establishment, Gomal University, D.I.Khan) reverting the plaintiff from BS-10 to BS-7, is wrong, against Rules and Regulations and liable to cancellation with prayer for permanent injunction against defendants Nos.1 to 5 to rescind the aforesaid order dated 23-4- 1991 and to allow the plaintiff to retain selection grade (BS-10) w,e,f, 1-7-1983 on the basis of seniority and service rights, was dismissed by the judgment and decree dated 12-3-1995 of the Senior Civil Judge, D.I. Khan. His appeal before the District Judge, D.I. Khan also failed vide judgment and decree dated 11-3-1996. Hence the instant civil revision petition.
2. Government Science and Agricultural College, D.I. Khan was merged into the Gomal University, D.I. Khan and with a view to (i) determine terms and conditions of the staff members of the Institution to be transferred to Gomal University, (ii) to prescribe accounting procedure in respect of handing and taking over of the property of the institution and (iii) the requirements of staff and other facilities in order to strengthen the institution, a Committee was constituted by the Chancellor, Gomal University/Governor, N.-W.F.P. Vide Notification No,SO(UE)19-1/79, dated 14th November, 1979. The Committee on the 20th of May, 1980 took certain decision and ultimately by Notification, dated 15th September, 1981, the Chancellor, Gomal University approved the following recommendations of the Committee regarding terms and conditions of the staff of the Institution of Education Department, transferred to Gomal University, w,e,f, July 1, 1980:-- "(i) Those employees of the School/College who applied for permanent absorption with the University and were selected by the University for this purpose shall be absorbed on a permanent basis with effect from July 1, 1980. The Government shall pay the proportionate pensionary liabilities in respect of the staff absorbed in Gomal University under orders of Finance Department Notification No,FD-SR.III/4-112/80, dated 22-11-1980.
(ii) xxxxxxxxxxxxxxxxxxxxxxxxxxx
(iii) xxxxxxxxxxxxxxxxxxxxxxxxxxx.
(iv) xxxxxxxxxxxxxxxxxxxxxxxxxxx."
2. ' Through an Office Order dated 2-5-1985 the Vice-Chancellor, Gomal University granted selection grade in proportion to the Policy to certain employees, excluding the plaintiff, obliging him to file an appeal before the Syndicate of the Gomal University. Through its decision in its fourteenth meeting held on 13th November, 1986, the Syndicate directed consideration of three employees of the University, including Moeenuddin, plaintiff, for selection grade. Accordingly by Office Order dated 4- 5-1986 the plaintiff was granted selection grade (BS-10) w,e,f, 13-2-1986. It appears that with a view to resolve the controversy regarding seniority etc. Of the employees of the Gomal University and those having opted to be permanently absorbed in the University after taking over of certain institution of the Education Department by the Gomal University, including Government Science and Agricultural College, where prior to taking over of the said College by University, the plaintiff was serving, the Vice-Chancellor, Gomal University, D.I. Khan through his Letter No,6265/GU/Estt:/B- III/GCC/11(281), dated 30-6-1990 sought clarification from the Secretary to Government of N.-W.F.P., in Services and General Administration Department, Peshawar, whether services rendered by the employees in the various institutions prior to transfer to the University have to be taken into account for purpose of determination of their seniority with those employed after coming into existence of the University. By its Letter No,SOR1(S&GAD)1-6/82(Vol.II), dated 15-7-1990, the Government of N.-W.F.P. Services and General Administration Department (Regulation Wing), conveyed to the University that since the absorption of the employees of the Constituent institutions was made with their consent, as such their services prior to 1-7-1980 are not countable towards seniority. Pursuant to the said advice/instructions of the Government of N.-W.F.P., through Office Order dated 23-4-1991, the Vice-Chancellor, Gomal University withdrew selection grade from the plaintiff and instead granted it to Muhammad Hashmatullah. The plaintiff filed an appeal before the Syndicate which was, however, rejected vide its minutes of the 30th August, 1992 and was duly communicated to the plaintiff vide letter dated 13-94992. It is worth to be mentioned that through Letter No,3246-48/GU, dated 25-3-1980 the Vice-Chancellor, Gomal University asked for option of the staff members of transferred institution in the Gomal University. The said letter which is addressed to the Dean Faculty of Agriculture, Assistant Dean Faculty of Administrative Science and Member, University Higher Secondary School, reads as under:- "I am directed to request that the members of both your teaching and ministerial staff may please be asked to intimate immediately and in no case latter than 31st March, 1980 individually through you to the undersigned as to whether they would like to serve in the University and if so whether they would like to serve in the University on deputation or would like to be absorbed in the University staff permanently. They may please be told that their deputation would be acceptable to the University only on Foreign Service conditions (with no deputation allowance) and not otherwise; that in the case of those who would like to opt for University service in a permanent capacity, the University would see to it that their pension benefits are secured and they are suitably compensated for the period of their service qualifying for pension, but that what should be the form/amount of that compensation, it would be negotiable between the University administration and the individual concerned."
3. ' Plaintiff Moeenuddin gave his option on 30-3-1980 requesting for absorption in the University on permanent basis. It is thus clear that it was on the basis of the option exercised by the plaintiff of his free choice to be absorbed permanently in the Gomal University on takingover of the Government Science College. It is also clear that such employees were absorbed in the University on permanent basis w,e,f, 1-7-1980. As would be clear from the letter inviting option, reproduced above, except for pensionary benefits no other service benefits were offered to those opting for permanent absorption in the Gomal University i,e, seniority etc. With reference to their past service.
4. Under sub-rule (2) of Rule 8 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1989 a person transferred to equivalent post by way of interprovincial transfer shall be placed at the bottom of the cadre length which he joins for the purposes of determining his seniority vis-a-vis other members borne on the cadre. Under sub-rule (3) of the rule (ibid) it is the sole discretion of the appointing authority to accept or refuse a request of transfer under this Rule and any decision made in this behalf shall be final and shall not be quoted as precedent in any other case. Since the absorption of the plaintiff in the Gomal University was on the basis of the option exercised by him with his free choice determination of his seniority was within the competence of the concerned authorities and nothing mala fide on the part of the Vice-Chancellor because the persons held senior to the plaintiff were already on the regular strength of the University and the plaintiff cannot claim seniority over the employees of the University appointed prior to 1-7-1980.
5. ' Finding no merit in this revision, it is dismissed with no order as to costs. .