' Abdul Rehman Sohail, S.V. Teacher, Tameer-e-Millat Government High School, Mandi Bahauddin has come in appeal assailing the order dated 28-10-2003 passed by the District Coordination Officer, Mandi Bahauddin, addressed to the appellant in response to his application dated 21-10- 2003 seeking implementation of his order dated 19-6-2003 that the matter of his promotion to the post of S.S.T. In BS-16 is pending with the Secretary Education, Government of the Punjab and that it will be implemented when the case is settled by the said authority.
2. To effectively understand the case, dilation of certain facts succinctly described in the memorandum of appeal becomes essential.
3. The Director Public Instructions (Schools) Punjab, Lahore advertised vacancies for the appointment to the posts of S.S.T. In BS-16 by feeding cadres, having B.Ed, qualification from in service teachers quota. The applications had to be submitted to the Executive District Officer (Education), Mandi Bahauddin. The Executive District Officer (Education), Mandi Bahauddin, arraigned as Respondent No.4 and the District Officer, Secondary Education, Mandi Bahauddin as Respondent No.5 statedly prepared a seniority list ignoring the appellant and other undergraduate trained. Teachers in the cadre of PTC, CT, VT, OT, PET, Drawing Masters and others. The appellant and other undergraduate trained Teachers vying for appointment as S.S.T. Teachers in Mandi Bahauddin submitted a departmental representation to the District Coordination Officer, Mandi Bahauddin, arraigned as Respondent No.3 which was not attended to within the statutory period, .Resultantly Appeal 588/2003 along with Appeals 712 and 713, also of 2003 were filed in the Tribunal.
From the comments received from the respondents in the said appeal, as impression was formed that Respondent No.3 in the said appeals was reluctant to decide the representation, therefore District Coordination Officer, Mandi Bahauddin was directed to attend to the departmental representation/appeal of the appellants, and after hearing them, decide the matter within 30 days through a speaking order. All other interested parties were allowed to join the proceedings before the hearing authority, strictly in accordance with law. In compliance with the order of the Tribunal, the District Coordination Officer, Mandi Bahauddin on 19-6-2003, rendered a judgment accepting the appeal of the appellant and two others. Operative part of the order is reproduced for facility of reference: "For the reasons discussed above, I reach the conclusion that order of promotion/award of S.S.T. To the respondents is in violation of the Service Rules and against the decision of the Supreme Court of Pakistan. The same is set aside. The Executive District Officer (Education), Mandi Bahauddin is directed to prepare the seniority list under the rules in light of decision of the Federal Service Tribunal as well as Supreme Court of Pakistan and place the same before the Promotion Committee constituted by the Government for allowing promotion to the eligible candidates. It is further directed that his exercise must be completed within period of two months. The compliance report be sent to this office after stipulated period."
4. In the comments submitted in the instant appeal by the respondents, particularly District Coordination Officer, Mandi Bahauddin, it is stated that the Executive District Officer (Education), Mandi Bahauddin was directed to implement the decision announced by the said respondent on 19-6-2003. In turn, the Executive District Officer (Education), Mandi Bahauddin in a back reference told the D.C.O., Mandi Bahauddin that the matter was pending with the Secretary Education, Government of the Punjab for advice and the decision would be implemented when the case is settled by the concerned authority. The D.C.O., Mandi Bahauddin further admitted the writing of the letter dated 28-10-2002 (should be 28-10-2003), now impugned in the present appeal, that it was only to inform the appellant that the E.D.O. (Education), Mandi Bahauddin earlier informed that the matter was pending with the Secretary Education, Government of the Punjab Lahore. In the comments, it was further reiterated that the order dated 19-6-2003 was intact and valid for implementation. The comments of the E.D.O. (Education), Mandi Bahauddin, Respondent No.4 in the present appeal. However, had a different story to narrate. It was stated that the D.C.O. Mandi Bahauddin neither determined the feeding category amongst the different categories of Teachers working in the different scales i.e. BS-7 to BS-14 nor provided any guidelines/procedure to prepare the seniority list of the Teachers under reference, and that on his query from the District Coordination Officer, Mandi Bahauddin, he was told vide letter dated 1-8-2003 to get advice from the parent department. However, in the end, the E.D.O. (Education) Mandi Bahauddin assured that he was ready to implement the decision of D.C.O., Mandi Bahauddin as and when the advice of the Education Department is received. The comments submitted by the District Education Officer (SE), Mandi Bahauddin were almost similar to that of the Executive District Officer (Education). Mandi Bahauddin. He stated that the order of the D.C.O. Mandi Bahauddin has to be implemented by the E.D.O. (Education) Mandi Bahuddin, and he is bound by the directions. The Director Public Instructions (SE) Punjab did not say anything worth mentioning rather stated that all the paragraphs of the appeal were for the Respondents Nos.l, 3, 4 and 5 to be answered.
5. Learned counsel for the appellant stated that the District Education Officer (SE), Mandi Bahauddin once having passed orders dated 19-6-2003 became functus officio and had no authority to give a different opinion vide letter dated 28-10-2003.
6. I have heard the respective counsel at length and perused the record.
7. There is nothing on record that the District Coordination Officer, Mandi Bahuddin has given any view contrary to his order dated 19-6-2003 delivered in the appeal of the appellant and two others.
Once the E.D.O. (Education), Mandi Bahauddin was found reluctant in implementing the order dated 19-6-2003 on technical grounds, the Respondent No.3 had no alternative but to ask him to seek advice from the Secretary Education, Government of the Punjab. The appellant came to this Tribunal in earlier round of litigation. His representation was not dealt with by Respondent No.3. The said respondent was direted to hear the appellants, and thereafter dispose of the representation through a speaking order, which he has complied with and has rendered his judgment, dated 19- 6-2003. Anyone feeling aggrieved by the said order could have filed an appeal to this Tribunal. The Secretary Education, Government of the Punjab does not figure anywhere. Law contemplates one appeal, which was recoursed to by the appellant, and on the directions of this Tribunal stands decided by Respondent No.3. No second appeal/revision is permissible under the scheme of law pertaining to the terms and conditions of a civil servant other than disciplinary matters.
8. It has been decided by the District Coordination Officer, Mandi Bahauddin that length of service in the feeding cadres is the only criteria for the preparation of merits list provided all the candidates are B.Ed., necessary qualification required to get the slot of S.S.T. In BS-16. The date when B.Ed. Examination is passed, has been held to be immaterial, being in line with the judgment of Hon'ble Supreme Court referred to the order dated 19-6-2003. The Secretary Education, Government of the Punjab therefore, has nothing much to do except to prepare the merit list in accordance with the length of service in the Education Department of the feeding cadres to fulfil the 50% in service quota for promotions. He may undertake exercise himself or may send it back to the Respondent No.4 or 5. No difficulty can be experienced as apprehended by Executive District Officer, Mandi Bahauddin in his objections/comments, as it is under the requirement of the advertisement calling for applications from different cadres vying for promotion to S.S.T. In BS-16.
Whoever undertakes the exercise to prepare the merit list, should definitely complete it in 60 days from the date this order of the Tribunal is received by them. With these observations, the appeal is disposed off.
9. As for C.M. Application 99 of 2004 in Appeal 2631 of 2003 is concerned, for becoming a party by Muhammad Aslam Junjua and five others, the same is declined on the ground that the appellant in the appeal sought annulment of the letter dated 28-10-2003, which do not create any right by itself. The applicants may file an appeal against the order dated 10-6-2003 before the competent forum strictly in accordance with law, if they so desire.
10. Similarly, the C.M. Application 101 of 2004 in Appeal 2631 of 2003 filed by Khalid Mehmood and Muhammad Nawaz, both Graduate English Teachers, is also declined on the ground that if they come within the feeding cadre, they are entitled to be included on the basis of the criteria spelt out by the D.C.O Mandi Bahauddin in his letter dated 19-6-2003. Appeal stand disposed of.