MUHAMMAD MUNIR vs Rana UMAR HAYAT and 2 others
This matter concerns a petition for leave to appeal against an order of the Federal Service Tribunal regarding the determination of seniority for an Inspector of Post Offices. The petitioner, originally appointed in the Karachi Circle, was transferred to the Lahore Circle upon his own request. Pursuant to Rule 38 of the Post Offices Manual, Volume IV, he was placed at the bottom of the seniority list in his new circle. The petitioner subsequently challenged this placement, obtaining an order to re-fix his seniority based on his original appointment date, which adversely affected the seniority of respondent No. 1. The Federal Service Tribunal set aside this re-fixation, ruling that the petitioner’s voluntary transfer necessitated his placement at the bottom of the seniority list. The Supreme Court upheld the Tribunal's decision, affirming that by seeking a transfer, the petitioner voluntarily surrendered the benefit of his previous service regarding seniority. The Court held that the petitioner could not claim the advantage of his prior service, and the declaration of the cadre as a circle cadre did not override the clear provisions of Rule 38.
- Does a voluntary transfer from one circle to another require an employee to be placed at the bottom of the seniority list in the new circle?
- Can an employee claim the benefit of previous service for seniority purposes after voluntarily transferring to a new circle?
- Does the declaration of a cadre as a circle cadre override the seniority rules governing voluntary transfers?
- Rule 38, Post Offices Manual Volume IV
ORDER
' SAAD SAOOD JAN, J.---The petitioner was appointed as Inspector of Post Offices in the Southern Circle, Karachi, consequent upon an examination held in February, 1973. About three years later he was transferred on his own request to the Lahore Circle. As required by rule 38 the Post Offices Manual, Volume IV, he was placed at the bottom in the seniority list of the Inspectors of the Lahore Circle. Thus, in the gradation lists prepared for the years 1979, 1980, 1983 and 1989, he was assigned a position in accordance with the said rule. The petitioner made a representation seeking re- fixation of his seniority on the basis of his original appointment in the Karachi Circle. His representation was accepted and a direction was given that he should be placed at a higher position. Consequent upon this order he became senior to respondent No,
1. Being aggrieved by the alteration in the seniority list respondent No, 1 made a representation which was rejected. He then filed an appeal before the Federal Service Tribunal. The learned Tribunal accepted his appeal with the following observations: ' We have heard both the parties and perused the relevant papers. We have examined the provisions of Rule 38 of the Post Offices Manual Volume IV and also referred to the judgment cited by the appellant in case (1991 SCM R 1526). Admittedly, the respondent No, 3 originally belonged to Karachi Circle of the Post Office Department. He was transferred on his own request, to Southern Punjab Circle, Lahore, on 2-2-1976. As such he was in no way entitled to disturb the seniority of Lahore Circle, keeping in view the provisions of Rule 38 which are very clear on the point. We are of the view that in the present case, the provisions of Rule 38 of Post Offices Manual Volume IV have been violated and the rights of the appellant have been prejudiced."
' The petitioner seeks leave to appeal from the order of the learned Tribunal.
2. We have heard the learned counsel for the petitioner and are not persuaded that the order of the learned Tribunal suffers from any infirmity. By seeking transfer from one Circle to another the petitioner voluntarily surrendered the benefit of his service in his parent Circle in the matter of seniority. He cannot now turn back to say that he should be given the advantage of his previous service for the reason that the cadre of superintendents of Post Offices has been declared a circle cadre. In fact, the said declaration can hardly have any bearing on his seniority in the Lahore Circle.
Leave is refused.