' JAVED IQBAL, J.--- This appeal with leave of the Court is directed against the judgment dated 15- 4-1999 passed by the N.-W.F.P. Service Tribunal, Peshawar, whereby the appeal preferred on behalf of appellant has been dismissed and the order dated 10-10-1996 whereby the services of appellant were terminated, has been kept intact.
2. Leave to appeal was granted by means of order dated 29-3-2000 which is reproduced herein below to appreciate the legal and factual aspects of the controversy:-- "Learned counsel for the petitioner submits that the petitioner was initially appointed as Store Keeper on 24-5-1988 and confirmed as such on 22-3-1992. He was then appointed as Instructor Electrical (B-14) on contract basis on 13-6-1995 but later on his services were terminated on 10-10- 1996 with effect from 31-12-1996. It was further contended that the petitioner had a lien on his original post as he had never been permanently A absorbed as Instructor. He relies on 1996 SCM R 284 in support of his viewpoint. We grant leave to appeal to consider above submissions in detail in the light of the relevant law and precedent cases."
3. Heard Mr. Khushdil Khan, learned Advocate Supreme Court on behalf of appellant and Hafiz Aman, learned Advocate Supreme Court on behalf of respondents at length. We have carefully examined the entire record and perused the judgment impugned with care and caution. It is an admitted feature of the case that initially the appellant was appointed as Storekeeper on 24-5- 1988 on contract basis for one year. The contractual appointment was regularized as Hostel Superintendent vide order, dated 22-3-1992. The appellant was subsequently, appointed as Instructor Electrical in Vocational Training Centre, Hangu, through proper channel. It must not be lost sight of that at the time of appointment of the appellant as Instructor, his appointment as Junior Clerk was regularized and he was not serving on contract basis. It was admitted at one stage of time by the respondents that the appointment of appellant as Instructor in Vocational Training Centre, Hangu was on deputation basis. The said stance cannot be changed now without any legal justification which is absolutely lacking.
4. Hafiz Aman, learned Advocate Supreme Court on behalf of respondents was asked pointedly that how the lien of a regular employee who joined some other department through proper channel or on deputation could have been terminated who admittedly was not confirmed in the borrowing department. No satisfactory answer could be given and rightly so because the question of termination of lien of a regular employee does not arise. In this regard, we are fortified by the dictum laid down in Executive Engineer, Provincial Building Circle v. Muzaffar Bil Haq 2000 SCM R 656, Syed Sajjad Hussain v. Secretary, Establishment Division 1996 SCM R 284 and Mazhar Ali v.
Federation of Pakistan 1992 SCM R 435. We are not persuaded to agree with the prime contention of Hafiz Aman, learned. Advocate Supreme Court on behalf of a respondent that since a fraud has been committed by adding clause (xii) in the order of his appointment as Instructor Electrical in Vocational Training Centre, Hangu to the effect that "being a regular employee D.M.T., he is granted a right of revision to the post of Junior Clerk. He will, therefore, continue to hold lien on the post of Junior Clerk in D.M.T." for the reason that such addition would have no material bearing on the fate of the case because the appellant was not terminated from service on account of fraud but due to the temporary/contractual nature of his appointment which is negated by the order passed by the Director, Manpower and Training, N.-.W.F.P. Whereby the services of appellant were regularized. The Directorate of Manpower and Training has failed to act vigilantly and efficiently as is demonstrative from the letter, dated 9-3-1988 addressed to the Secretary to Government of N.-W.F.P., Industries Department by the Services and General Administration Department (Regulation Wing) which is reproduced hereinbelow for ready reference:-- "Government of N.-W.F.P.
' Services and General Administration of Department ' (Regulation Wing)
' No, SOUC(S&GAD)3-1 /89/Vol .IV/K Dated Peshawar, the 9th March, 1988 ' Subject:-- Appeal against the decision of Directorate of Manpower and Training N.-W.F.P. Letter No,DMT/PF/1-3-' 1666-320, dated 30-4-1997.
' Sir, ' I am directed to refer to your letter No,SOI(IND)8-2/91/17433, dated 6-12-1997 on the subject noted above and to state that the Ex-Official Mr. Muhammad Israrullah Khan, has more than 6 years service as a Junior Clerk in the Industries Department. Under the instructions of S&GAD circulated vide No,SORI(S&GAD)1-62/80, dated 17-4-1989, the official should have been confirmed as a Junior Clerk by the Department after two or three years if he was working against a regular post to facilitate the lien for retention on his parent post. It was not fault of the official concerned that he could not be confirmed to earn the lien on his post. He may, therefore, be taken back/ repatriated to his post of J/C in case he was working against a clear/regular post and that he was not yet confirmed for lien.
' Your obedient servant (Sd.) Islam Shah ' Section Officer (Urdu Cell)."
5. The appellant cannot be held responsible for this lackness and lapse committed by the concerned functionaries of the Directorate of Manpower and Training Centre itself. The services of appellant being regular employee could not have been terminated as he was appointed as Instructor in the Vocational Training School, Hangu, through proper channel and at the best he could be considered as deputations who retained his lien in the parent department, as he was not confirmed in the borrowed department.
6. The upshot of the above mentioned discussion is that the appeal is accepted, the judgment, dated 15-4-1999 of the learned N.-W.F.P. Service Tribunal, Peshawar, delivered in Appeal No,1832 of 1997 is set aside and the appellant Muhammad Israrullah is reinstated as Junior Clerk with full back benefits in terms of order, dated 22-3-1992 of the Directorate of Manpower and Training, Peshawar and letter, dated 9-3-1998 of the Section Officer, Government of N.-W.F.P. Services and General Administrator Department (Regulation Wing), Peshawar. These are the reasons of our short order of even date which is reproduced hereinbelow for ready reference:-- "For the reasons to be recorded later on, the appeal is allowed. The judgment, dated 15-4-1999 of learned Service Tribunal, N.-W.F.P. Delivered in Appeal No,1832 of 1997 is set aside and appellant, Muhammad Israrullah is reinstated as Junior Clerk with full back benefits in terms of order, dated 22-3-1992 of Director, Manpower and Training, Peshawar (page 22 of the paper book) and letter, dated 9-3-1998 of Section Officer (Urdu Cell) Government of N.-W.F.P., Services and General Administration Department (Regulation Wing), Peshawar (page 34 of paper book)."