MAHMOOD KHAN vs PROVINCE OF THE PUNJAB and others
This matter concerns a petition for leave to appeal against an order of the Punjab Service Tribunal, which had dismissed the petitioner's appeal regarding his service status. The petitioner, formerly an Assistant Sub-Inspector (A.S.I.) in the Federal Security Force, was transferred to the Punjab Police as a junior clerk upon the disbandment of the former force. He subsequently sought to be appointed as an A.S.I. on the executive side, citing the case of a colleague, Zawar Hussain, who had received such an appointment. The core legal question was whether the petitioner was entitled to claim an executive position and seniority despite having accepted a fresh appointment as a junior clerk and providing an undertaking not to claim seniority over existing ministerial staff. The Supreme Court held that the petition lacked merit. The Court reasoned that the petitioner had voluntarily accepted the appointment as a junior clerk and signed an undertaking waiving seniority claims. Furthermore, the Court distinguished his case from that of Zawar Hussain, who had been appointed to the executive side, thereby affirming the Tribunal's decision to dismiss the appeal.
- Can a former Federal Security Force employee claim executive rank seniority after accepting a fresh appointment as a junior clerk?
- Does an undertaking not to claim seniority over existing staff preclude a government servant from later challenging their rank?
- Is a government servant entitled to parity of treatment with a colleague who was appointed to a different cadre?
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.