MUSHTAQ AHMED vs WAPDA And Another
This petition concerns a service dispute regarding the determination of seniority for an employee of the Water and Power Development Authority (WAPDA). The petitioner, who joined WAPDA in 1966, was transferred to Lahore in 1977, with his seniority reckoned from the date of his joining the Lahore office. Although a subsequent order in 1986 attempted to fix his seniority from his original date of appointment in 1966, this order was later withdrawn. The petitioner challenged this withdrawal before the Service Tribunal, which dismissed his appeal. The Supreme Court examined the terms of the 1977 transfer order, which explicitly stipulated that seniority would be assigned from the date of joining the Lahore office. The Court noted that the petitioner had requested this transfer and accepted the conditions therein without objection at the time. Consequently, the Court held that the petitioner could not later challenge the seniority terms he had voluntarily accepted. Leave to appeal was refused, and the petition was dismissed, affirming the principle that an employee is bound by the terms of a transfer order accepted without protest.
- Can an employee challenge the terms of a transfer order regarding seniority after having accepted the transfer without objection?
- Does a transfer made at the request of an employee preclude them from later claiming seniority from their original date of appointment?
ORDER
ABDUL QADEER CHAUDHRY, J.---The petitioner joined WAPDA in 1966 and posted at Sargodha. He was transferred to Lahore on 15-3-1977 and his seniority was reckoned from the date of his joining at Lahore. In 1986 his seniority was determined with effect from 27-2-1966 by means of order dated 3-12-1966 but this letter was withdrawn on 31-12-1986. The petitioner being aggrieved filed a representation which was turned down. Thereafter, the petitioner approached the Service Tribunal for determination of his seniority which according to the petitioner should be reckoned from the date of his appointment i.e. 27-4-1966. The learned Tribunal dismissed the appeal.
2- We have heard the learned counsel for the petitioner. The transfer order dated 15-3-1977 clearly indicates that "the seniority of the petitioner will be assigned from the date of his .Joining the office of the Junior Accountant, Lahore Region". According to the respondent, this transfer was made on the request of the petitioner. The petitioner had accepted the transfer order and he did not make any grievance. That his seniority be fixed from the date of his appointment.
3. There is no force in this petition. Leave is refused and the petition is dismissed.
Cited by 1 case
- DAVID IQBAL Versus WATER AND POWER DEVELOPMENT AUTHORITY 1993 PLC(CS) 658