ASIF ALI BUTT vs PROVINCE OF PUNJAB and others
This matter concerns a petition for leave to appeal against an order of the Punjab Service Tribunal, which dismissed the petitioner's appeal regarding his seniority and lien status. The petitioner, formerly a Junior Clerk in the Pakistan Railways Police, had been transferred to the Punjab Police at his own request and with his written consent. He subsequently challenged the suspension of his lien in the Punjab Police, seeking restoration of his original seniority. The core legal question was whether the petitioner's lien could be suspended and whether he was entitled to seniority based on his original position despite his voluntary transfer and subsequent confirmation in the Railways Police. The Supreme Court held that the petitioner's confirmation in the Railways Police effectively terminated his lien on his previous post. Furthermore, the Court noted the significant delay of over ten years in filing his departmental representation. Consequently, the Court found no substantial question of law of public importance to warrant interference and dismissed the petition, affirming that confirmation in a new post entails the termination of a lien on the previously held post.
- Does confirmation in a new post automatically entail the termination of a lien on a previously held post?
- Can a civil servant challenge the suspension of a lien after a delay of more than ten years?
- Railways Police Act, 1977
ORDER
' SYED JAMSHED ALI, J.--- The petitioner seeks leave to appeal against the order dated 1-1-2001 of the learned Punjab Service Tribunal whereby is appeal was dismissed. The brief facts of the case are noted hereunder.
2. The petitioner was working as Junior Clerk in the Pakistan Railways Police when the Pakistan Railways Police was under the Federal Government. The petitioner along with the other staff, working in the Police Department Was transferred to the Railways Police Act, 1977, created a separate functional unit of Railways Police. The -petitioner was confirmed on 1-3-1977 in the Pakistan Railways Police, promoted as Senior Clerk in 1980 and granted selection grade (BS-9) in the year 1987. His lien in the Punjab Police was suspended by I.-G.P. On 13-1-1981. On 21-9-1987, the petitioner was reverted to Punjab Police as Junior Clerk on his request and with his written consent.
He was promoted as Senior Clerk on 26-4-1988 in the Punjab Police. He filed a representation against suspension of his lien in the Punjab Police and prayed for restoration of his original seniority. His representation was rejected on 16-12-1999 and his appeal was dismissed by learned Punjab Service Tribunal.
3. The petitioner has appeared in person and has contended that his lien could not have been suspended even with his consent and, therefore, on transfer to the Punjab Police he was entitled to promotion as Senior Clerk on the date of promotion of his juniors i.e, respondents Nos.2 and 3.
4. The submissions have been considered. The petitioner was transferred to the Punjab Police on his own request and with his written consent, was confirmed in the Railways Police as Junior Clerk w.e.f, 1-3-1977. Confirmation in another post entails termination of lien on the post previously held.
The Tribunal also took notice of the fact that the petitioner approached the departmental authority with a representation against suspension of lien after more than 10 years. No A substantial question of law of public importance has been raised to warrant interference. Dismissed.