M. SALEEM CHOUDHRY (CHAIRMAN).--In this appeal the appellants (Assistants, Senior Clerks and Junior Clerks) employees of Indus Waters Treaty and Regulation, Punjab which is headed by a S. E., seek to challenge the appoint--ment of respondents Nos. 5, 6, 7 and 8 as officiating Superintendents on the grounds that they being the members of the "Regional Establishment" could not be promoted against the post borne on the "Circle Cadre". The appel--lant specifically assail the order dated 27-5-79 passed by the S. E. Headquarters, Irrigation Central Region, Lahore promoting respondents Nos. 5 and 7.
2. Briefly the facts of the case are that in 1953 the Water Dispute Organization was established under the Government of old Punjab. After the establishment of West Pakistan at the time of reorganization of the Department somewhere in 1962, Water Treaty Implementation Cell was created which was headed by the Chief Engineer and the status of the office was upgraded to that of a Region. After the dissolution of the Province of West Pakistan on 1-7-70 the office was again downgraded. It was re-designat--ed as Indus Water Treaty Regulation Directorate and was put under the charge of a S. E. The present appellants are working in the Organization for the last 20 years. According to the appellant the terms and conditions of the employees in the Organization were to be governed by the West Pakistan Irrigation Department Ministerial Services (Central)
Rules, 1964. It was submitted that the post included in the Schedule appended to the aforesaid rule included the post of Superintendent and thus it was a "Circle Cadre" post. According to the appellants they have been working in the Department for nearly about 20 years and they alone were eligible/entitled to be considered for appointment/promotion to the post of Superintendent.
The grievance of the appellant was in respect of promotion granted to the respondents who were the members of Regional Estt. The Department leas promoted the Respondents 5 and 7 vide impugned order dated 27-5-79 in supersession of their right and without considering the appellants eligible for the same. Two of the appellants held the post of Assistant which according to them is equivalent to Head Clerk or ire any case is covered by the expression "such other ministerial posts in the Department as may be specified in this behalf by the Government from time to time" occurring in rule 3 (2) of 1964 rules. The appellant submitted that the appellants 5 and 7 belong to Regional Cadre and were not eligible for promotion to the post of Superintendent.
Respondents terms and conditions were regulated by a separate set of Rules vie. West Pakistan Irrigation Department Ministerial Services (Regional Office) Rules, 1962. In brief the contention of the appellant was that the member of the services of the "Regional Cadre" and "Circle Cadre" belong to two different and distinct services and were ineligible for appointment to the other cadre.
3. In the end it was submitted that the treatment metted out to the appellants was too harsh as all avenues of promotion have been closed upon them and the persons who were ineligible have been promoted, over their head.
4. The Department on their then pointed out that the appellants had no locus standi to question the appointment of respondents Nos. 5 and 7. They themselves belong to regional cadre and their services have never been allocated to Circle office and in fact they were confirmed employees of the regional cadre and until and unless their services were so allocated or they were permanently transferred or confirmed against the post of circle cadre their contention is wholly misconceived.
The Department also pointed out that even under the Rules, 1964 the promotion to the post of Superintendent was open to the holder of the post of Head Clerk and Respondents Nos. 1 and 2 held the post of Assistant. Similarly none of the other persons who were not even Assistants could be treated as aggrieved person. The Department rather pointed out that the appellant No. 1 has himself promoted in January 1979 to the post of Assistant with effect from 1-2-1972 by the order of Chief Engineer, Lahore Region against the post of Regional Cadre. Thus the appeal is misconceived.
5. After hearing both the parties we are clearly of the opinion that the appellants could not be treated as aggrieved persons. The appellants have not been able to establish that they were appointed on permanent basis against any post in the Circle Cadre. The appellants from 3 to 6 were clearly ineligible for promotion to the post of Superintendent. Thus they cannot be treated as aggrieved persons qua the order dated 27-5-79. Even the appel--lants Nos. 1 and 2 were not shown to be the members of the Circle Establish--ment and thus they also could not be treated as aggrieved persons. However, we do feel constrained to observe that the appellants have suffered hardships inasmuch as they had working continuously in the Organization since long and they, with their experience and standing in the Organization, had the legitimate hope to be promoted to the higher post in the Organization in due course of time. It appears that the Department has been appointing other members of the Regional service to the higher post which caused genuine and legitimate concern to the appellants. We feel it fair that the Department should consider,4 and accommodate them in the Organization on permanent basis and also to redress their grievances with regard to their chances of promotion. We may also observe that since the appellants have failed to make out any legal case before us, we cannot issue any direction. If advised they may move the Vigilence Commission who may have the requisite powers in this-regard. The appeal is dismissed with the observations above. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.