This judgment shall decide W.P. No, 16/06 and W.P. No, 686/06 as common questions are involved and the appointment of Muhammad Iqbal the private respondent in both the cases has been questioned.
2. The petitioner in W.P. 16/03 is an Assistant in the office of EDO (R), Muzaffargarh while the petitioner in W.P. No, 686/06 is a Senior Clerk in the said office while the Respondent No, 3 is a Senior Clerk in the office of DDO (R) Jatoi, District Muzaffargarh. There is no dispute whatsoever that the matter of promotion to the post of Naib Tehsildar is governed by the Punjab Revenue department (Revenue Administration Posts) Rules, 1990, as amended up-to March, 2002. According to these Rules, the appointments are to be made to the said post by the EDO (R) in the following manner:--
(i) 50% by initial recruitment.
(ii) (a) 38% by promotion on seniority-cum-fitness basis from amongst Qanungos in the District with at least three years experience as such,
(b) 12% by promotion through selection on merits from amongst subordinate service including Assistants and Senior Clerks of revenue Department in the District having three years experience as such.
3. It is also admitted on all hands that the selection is to be made by a Departmental Selection Committee at District level comprising the following officers:--
1. District Coordination Officer Chairman
2. Executive District Officer concerned Member
3. Executive District Officer (F&P). Member
4. Appointing Authority concerned (if other than the EDO concerned)Member
5. Additional Secretary or Deputy Secretary of the concerned Administrative DepartmentMember
6. District Officer concerned Member/ Secretary Now the grievance being made out in both the writ petitions is that the said Muhammad Iqbal respondent has been appointed and promoted as a Naib Tehsildar vide order dated 20.12.2005 not in accordance with the said rules and in the manner stated above but only because the Chief Minister has so directed. I deem it appropriate to reproduce here the said order dated 20.12.2005:-- "OFFICE OF THE DISTRICT CO-ORDINATION OFFICER, MUZAFFARGRAH.
In compliance with Chief Minister's directive Mr. Muhammad Iqbal, Senior Clerk Office of DDO (Revenue), Jatoi District Muzaffargrah is hereby promoted and adjusted as B-Class Naib Tehsildar on officiating basis against ministerial quota subject to confirmation by Departmental Promotion Committee.
He is deputed to receive training for a period of six months in Consolidation Wing and report for the said training to the Deputy District Officer (Cons). Muzaffargrah. Sd/- District Co-ordination Officer Muzaffaragarh."
There is also no dispute that the order has been passed on the following directive issued from the Chief Minister Secretariat on 10.12.2005:-- "On presentation of the enclosed request from Sardar Allah Wassaya Ilyas Chunoo Khan Leghari- MPA PP-259, Chief Minister Punjab has been pleased to desire that Mr. Muhammad Iqbal, Senior Clerk 0/0 DDO (R) Jatoi, District Muzaffargarh may be promoted as "B" Class Naib Tehsildar against his quota subject to eligibility and vacancy.
2. Further necessary action may be taken accordingly under intimation to this Secretariat. Sd/- (G.M. SIKANDER)
Principal Secretary To Chief Minister Punjab.
4. Learned counsel for the petitioners with reference to the ease of Muhammad Akhtar .Shirani and others v. Punjab Text Book Board and others (2004 S.C.M.R. 1077) and Abdul Samad Umrani and another v. Zahid Ali Badini, DSP and 4 others (2001 SCM R 65) urge that the said appointment is illegal and void. Learned A.A.G. has not much to say in this matter. Learned counsel representing the private respondent in both these cases has tried to support the said order by urging that it has been made subject to the confirmation by the Departmental Promotion Committee.
5. I have given some thought to the respective contentions noted above. There is no manner of doubt in my mind that the appointment has been made by the D.C.O. Muzaffargarh, who is not even an Appointing Authority as per the said Rules, in gross violation of the same only upon communication of the said desire of the. Chief Minister. Now I have gone through the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 and I do not find any role being attributed to the Chief Minister of the Province in the matter of appointments or promotions of the civil servants of the Province.
6. Both the writ petitions are allowed and the impugned order dated 20.12.2005 is declared to be without lawful authority and void and is set aside the Respondents Nos, 1 and 2 shall take steps to convene a meeting of the Departmental Selection Committee in the manner prescribed and to take up for consideration cases of all the eligible candidates including the Respondent No, 3 and to conclude the proceedings and make a selection without in any manner being influenced by the said directive. No orders as to costs.
7. A copy of this judgment be immediately remitted to the Respondents Nos, 1 and 2 and the learned A.A.G. shall also convey the order to the said respondents. The exercise to be concluded within 15 days.