M. SALEEM CHAUDHRY (CHAIRMAN).------Bashir Ahmad has filed this appeal against the order passed by the Deputy Secretary (Regulations) WAPDA retiring him from service.
2. The appellant was employed by Punjab PWD on 1st July, 1952. On 31st March. 1959, the appellant was transferred to WAPDA from Electricity Branch. The appellant's services were converted from Junior Clerk to Line Superintendent, Grade-II on 14th September, 1959. On 11th February, 1960 he was adjusted as Offg. Line Superintendent Grade-I1. He was promoted to Line Superintendent Grade-I vide orders dated 26th July, 1952. The appellant also performed the duties of an S. D. O. The order of retirement was passed by Deputy Secretary (Regulations) on 19th November, 1976. The appellant made a representation. During the pendency of his representation the order of retirement was conveyed to Executive Engineer, Electricity by Senior Officer Administration on 26th November, 1976.
Subsequently, another order dated 28th January, 1977 of retirement was passed by Deputy Secretary (Regulations). An appeal filed by the appellant with the Central Service Tribunal was dismissed on the ground that the appellant belonged to the Provincial Government. The appellant has contested, his removal from service as illegal, mala fide void, etc.
3. We have heard the arguments at length. The appellant relies on the fact that vide order dated 19th August, 1975 he was appointed Line Superintendent Grade-II with effect from 14th September, 1959 and this being so WAPDA is not competent to dismiss or remove from service any person appointed by the Punjab Government. WAPDA, on the other hand, contends that the appellant is a WAPDA employee and has no concern with the Provincial Government and, therefore, he is before the wrong forum. Although the order issued by the Superintending Engineer has retrospective effect, its effect is only that the promotion of the appellant is from a certain date It cannot convert the status of the appellant from that of a WAPDA employee to that of an employee of the Provincial Government. Any attempt to put such a construction would not be lawful and not within the competency of the Superintending Engineer. The appellant was a Government servant only so long as he was a Junior Clerk but when he was appointed Line Superintendent by WAPDA his deputation ceased. There is entry to this effect in the Service Book of the appellant but this entry was cancelled when the Superintending Engineer ordered the promotion of the appellant with retrospective effect on 19th August, 1975 which was beyond his competency. We consider this cancellation to be in excess of his lawful authority. As a result of the view taken by us the order of retirement in this case has been passed by the competent authority. The appeal is, therefore, dismissed.