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MUHAMMAD PUNJAL MANGI versus DEPUTY DIRECTOR, FOOD, HYDERABAD REGION


Section Transfer Order No transfer officer for a transfer or transfer of office to a particular position did not return from the Executive Cadre to the Ministerial Cadre to which he or she is transferring, submitted, not presentable.

1980 P L C (C. S.) 585

[Service Tribunal Sind]

Present: Ghulam Rasool Shaikh Chairman, Abdul Kadir and G. A. Mughal, Members

MUHAMMAD PUNJAL MANGI

Versus

DEPUTY DIRECTOR, FOOD, HYDERABAD REGION AND 2 OTHERS

Appeal No. 8 of 1978.

Sind Service Tribunals Act (XV of 1973)‑

‑‑‑ S. 4‑Transfer order‑Order for transfer to or for holding a particular post‑No appeal maintainable‑‑Official reverted from executive cadre to ministerial cadre to which he belonged‑‑Order of transfer, held, not appealable.

Manzoor Ali Khan for Appellant.

Assistant Advocate‑General for Respondent.

ORDER

GHULAM RASOOL SHAIKH (CHAIRMAN).‑

Before we proceed to write this order it may be pointed out that the main record of the Chairman of the Tribunal was misplaced by the staff after the order was duly written on 30-5‑1979. In spite of the best efforts the record is not traceable. Consequently it has become necessary to reconstitute the record. In this Tribunal 4 files are maintained. One file is for tree Chairman, 2 files are for the Members and one file is for the Registrar but the final order is contained in the file of the Chairman. So file of Member I is now being treated as the main file and following fresh order is being re written from the dictation taken by the steno in his note book as well as after considering the entire record.

This is an appeal under section 4 of the Sind Service Tribunals Act, 1973. The appellant originally was Godown‑keeper. At his own request he was posted as Junior Clerk. After sometime again he requested for re‑appointment in the executive cadre and he was appointed as Food Inspector on the basis of his seniority from the date of his first appointment. Later on he was reverted to ministerial cadre as his lien on his previous past was not maintained. So he filed this appeal for re‑appointment in the executive cadre.

From the statements of steno it is plain enough that no appeal lies against the order for transferring to or holding a particular post by virtue of section 4 of the Sind Service Tribunals Act, 1973. Consequently appeal is dismissed.

Appeal dismissed.

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