RAFAQAT HUSSAIN SHAH And Others vs CHAIRMAN, Pofs. WAH CANTT. And Other
The petitioners, employees in the Auxiliary Cadre of the Pakistan Ordinance Factories (POFs), challenged the seniority ranking of respondent No. 4, who was originally appointed to the Public Relations Cell. Respondent No. 4, initially appointed as Assistant Manager (Public Relations) in 1976, later transferred to the Auxiliary Cadre in 1981. While the POFs initially determined that respondent No. 4's seniority in the Auxiliary Cadre should count only from the date of his transfer (1981), the Service Tribunal subsequently ruled that his seniority should be calculated from his initial appointment date in 1976. The petitioners sought leave to appeal, arguing that the Public Relations Cell and the Auxiliary Cadre are distinct specialized groups with different qualifications, pay scales, and promotion channels, and that a transfer between them cannot retroactively confer seniority from the date of service in a different, unrelated cadre. The Supreme Court granted leave to appeal, finding that the contentions regarding the legality of the transfer and the determination of seniority date required further judicial consideration.
- Can an employee transferred from one specialized service cadre to another count their seniority from the date of their initial appointment in the former cadre?
- Does a transfer between two distinct service groups with different qualifications and promotion channels entitle an employee to carry over seniority?
- Is the seniority of an employee transferred to a new cadre limited to the date of their transfer into that specific cadre?
ORDER
1. NASIM HASAN SHAH, J.---The petitioners and respondent No.4 are employees in P.O.F. Pakistan Ordinance Factory, Wah. In POFs there are following three major service groups:
(i) Technical Cadre: Comprising Assistant Manager (BS-17), Manager (BS-18), General Manager (BS-19) and MDs (BS-20) in different Engineering disciplines.
(ii) Medical Cadre: Comprising GDMO (BS-17/18) and Specialist (BS-19/20) pertaining to different disciplines of Medical Science.
(iii) Auxiliary Cadre: Comprising Assistant Works Manager (BS-17), Works Manager (BS-18), Superintendent/General Manager (BS-19) of Administrative disciplines.
2. In addition to the above mentioned three major service groups, there exist a few "Specialized" sub- groups having their own independent service structures viz:
(a) Fire-Fighting Group, which comprises Fire Officer (BS-16), Assistant Works Manager Fire-Fighting (BS-17) and Works Manager Fire- Fighting (BS-18).
(b) Public Relations Cell, comprising Asstt. News Editor ANE (BS-16), Asstt. Manager (Public Relations)/PRO (BS-17) and Manager (Public Relations) BS-18.
3. In 1974 in response to an open advertisement published by the POFs Board for appointment of Assistant Works Manager (AWM) Auxiliary, the present ,petitioners! Were, after interview, selected and appointed in the first instance as AWM (Trainees) and subsequently as AWM (Auxiliary) on regular basis. Their date of appointment as AWM (Trainees) and AWM (Regular) is as follows: Trainee Regular
(i) Syed Rafaqat Hussain Shah6-1-1975 9-12- 1976 (ii)Mr. Mehboob Ahmad 14-3- 19759-12- 1976 (iii)Syed Nadeem Haider 6-1-1975 9-12- 1976 (iv)Mr. Zaffar Hameed Bhatti10-2- 19759-12-1976 Respondent No.4 joined POFs as Assistant Manager (Public Relations) in August 1976 in response to an open advertisement published by POFs Board in 1976. To better his prospects, the respondent No.4 secured transfer in Auxiliary Cadre and was transferred to the post of AM (Aux) with effect from 14-7-1981. The petitioners, in the meanwhile, were promoted to the post of Works Manager
(Aux) in officiating capacity on different dates in 1982 and were regularised in 1986. However, in the seniority list of Works Managers (AUX) published in 1985 the respondent No.4 was shown to be senior to them in the cadre of WM (AUX). The petitioners, therefore, submitted representations against the aforesaid seniority position. These representations were accepted vide order, dated 4- 12-1988, which is re-produced below:-- "Your application on the subject was referred to the Government for a decision. Keeping in view the facts of the case, it has been decided that seniority of Mr. Shaheen Iqbal (Pl. No. 982371)
4. (respondent No.4 herein) in the Auxiliary Cadre as AWM/Auxiliary may be allowed to count w.e.f. 14- 7-1981 i.e. The date of his transfer to the Auxiliary Cadre from AM/Public Relations."
5. Feeling aggrieved by this decision, the respondent No.4 filed an appeal before the Service Tribunal, Islamabad. This has been accepted and the Service Tribunal has held that respondent No.4 was entitled to count his seniority from the date he joined the specialised post of Assistant Manager (Public Relations) i.e. 19-8-1976. Hence this petition for leave to appeal.
6. Learned counsel for the petitioners have, in support of this petition for special leave to appeal, submitted inter alia, that the specialized group of Public Relations had its .Own hierarchy wherein Assistant Manager (Public Relations) BS-17 can be promoted as Manager (Public Relations) BS-18.
7. The respondent No.4, however, instead of waiting for his turn for promotion in his own laid down channel switched over to Auxiliary Cadre through an unauthorised option which was illegally accepted by the Department. In fact, the post of AM (Public Relations) and AWN (Aux) had different prescribed qualifications, different age limits, different pay scales and different avenues of promotion. As such these two different posts could not be grouped together under a common seniority and even if it was assumed that the transfer of respondent No.4 to the Auxiliary Cadre was legal, even then respondent No.4 could claim seniority only from the date of joining the Auxiliary Cadre i.e. 14-7-1981 and not from 19-8-1976 when he joined as Assistant Manager (Public Relations).
8. These contentions, amongst others, require further consideration. Leave I is, accordingly, granted.
9. Early hearing.