' JEHAN ZAIB BURKI (MEMBER-IV).--- This judgment would dispose of the seven appeals sub-joined as title as these involve common points of law and facts.
2. The appellants were reverted to their substantive rank of constable and further repatriated to their parent districts/units with A immediate effect vide the respondent's order, dated 26-5-2006.
Aggrieved with the above action, the appellants filed departmental appeals on various dates. The said appeals not having been decided within the prescribed period, the appellants filed the instant appeals before the Tribunal on 21-9-2006.
3. Briefly speaking, it has been stated by the appellants that respondent No,1 vide his letter, dated 24-3-2004 had called for applications of volunteer Constables and Head Constables having minimum qualification of F.A. Etc. To fill up vacancies available in the Finger Print Bureau, Punjab, Lahore (hereinafter to be referred to as the F.P.B.). It was stipulated that selected Constables/Head Constables for filling up the aforementioned vacancies in the F.P.B. Would have to work for a trial period of three months during which they would draw their salaries from their parent districts/units.
On completion of the said training period, successful trainees were to be absorbed/adjusted according to the merit list in the F.P.B. It has been contended by the appellants Muhammad Azam, Khuram Shahzad and Farrukh Shahzad that they were absorbed on one step promotion as Head Constables vide order, dated 6-11-2004 issued by respondent No,1. Similarly, the appellants Mushtaq Hussain, Zulfiqar Ali and Muhammad Ashraf were absorbed as Head Constables in the F.P.B. Vide orders dated 26-6-2004 issued by respondent No,1. Appellant Mehmood Ahmad was absorbed in the rank of a Head Constable vide respondent No,1's order, dated 20-7-2005. All the seven appellants were further promoted as A.S.-Is. Against existing vacancies in the Finger Print Bureau, Punjab, Lahore vide orders, dated 12-11-2005 issued by the same respondent. It was contended that the appellants' promotion to the rank of A.S.-I. Had been granted consequent to recommendations of the Departmental Promotion Committee of the Finger Print Bureau. Moreover, the appellants were duly borne on the seniority list of A.S.Is./S.-Is. Of the Finger Print Bureau which was circulated by S.P., Crime Analysis, Investigation Branch, Punjab, vide his U.O. No,56507/Inv./AC-I, dated 24-12-2005.
4. It has been argued by the appellants that without serving the appellants with any show-cause notice and without providing a chance of personal hearing, respondent No,1 had passed the impugned orders dated 26-5-2006 whereby the appellants had been summarily reverted to the posts of Constables and also reverted to their parent units/districts. It was contended by the appellants that they stood permanently absorbed in the Finger Print Bureau, Punjab, Lahore by the competent authority and had been granted promotion to the post of A.S.-I. On a regular basis, on the recommendations of a duly constituted Departmental Promotion Committee. It was further argued that the appellants had been serving against permanent posts of A.S.-Is. In the Finger Print Bureau for a number of months and had also received the pay and emoluments of the said post.
As such, a lawful right had accrued in their favour for holding the above posts and the impugned orders, dated 26-5-2006 had been passed in an illegal manner. The appellants had been condemned unheard as per details mentioned above which was in violation of various rulings of the Honourable Supreme Court of Pakistan reported vide 1986 SCM R 962, PLD 1987 SC 304, 1994 SCM R 2232 and 2003 SCM R 1126.
5. It has been contended further that the respondents had not specifically mentioned any prescribed qualification which had not been attained by the appellants in the impugned orders in question. The appellants could not have been repatriated as they had already been permanently absorbed in the cadre of the F.P.B. Which had resulted in the automatic termination of their lien in their parent units/districts. In this connection, the appellants have drawn attention to the orders passed by the respondent department while deciding the departmental representation of Head Constable Fahim Akbar of the F.P.B. In connection with fixation of his seniority vide order 5-1-2006. It has been stated that S.P., Crime Analysis on behalf of respondent No,1 had passed the following order in the above cited case:- "In Finger Print Bureau mostly police officials in the rank of Constable and Head Constable from other cadres are selected at their own request for a trial period/training of three months. After completion of this period test is taken and successful officials are absorbed in Finger Print Bureau on permanent basis. Their lien with their parent cadre also stands terminated automatically with permanent absorption in Finger. Print Bureau cadre."
6. It has been contended that the above quoted order of the respondent-Department clearly established that the appellants were similarly absorbed in the F.P.B. And were now being discriminated against in an unlawful manner. On the point of discrimination, the appellants have drawn attention to a number of other similarly absorbed A.S.-Is./Head Constables who had been retained in the F.P.B. Whereas the appellants had been ousted from the same arbitrarily.
7. The respondents have resisted the appeals and have stated that the work at the F.P,B. Involves special knowledge/skill. Since the appellants did not have the required knowledge/skill for carrying out the work in the F.P.B., they had been repatriated to their parent districts/units, in their substantive rank of constable. It was further argued that the appellants had not undergone or qualified any departmental promotion courses. Nor were they confirmed in any rank in the F.P.B. In fact, the promotions granted to the appellants were of a local nature which did not create any vested right in their favour. The respondent No,1 has also drawn attention to rule 3.14 of C.S.R. Which lays down that a Government servant on substantive appointment to a permanent post acquires a lien and ceases to hold any lien previously acquired for any other post. It was argued that the appellants had not got promotions against substantive posts/appointments and hence could not claim any lien in the F.P.B. It was contended that the appellants had been locally promoted both as Head Constables as well as to the rank of A.S.-Is.
8. Arguments of the parties have been heard and relevant record has been perused.
9. It has been correctly contended by the appellants that they had applied for absorption in the F.P.B., Punjab, Lahore in response to respondent's letter, dated 24-3-2004. Again, the relevant record clearly establishes that the services of the appellants had been acquired for the F.P.B. By the respondents in accordance with the procedure laid down by themselves. Moreover, the respondents had issued clear cut orders absorbing the appellants in the F.P.B. On the basis of one step promotion vide orders already referred to in the preceding paragraphs. The appellants had been promoted to the rank of A.S.-I. Vide the respondent's order, dated 12-11-2005 which clearly mentioned that the said promotions had been granted consequent to recommendations by the Departmental Promotion Committee against existing vacancies. The respondents have failed to substantiate their assertion that the appellants had not been duly absorbed in accordance with CSR 3.14. During arguments, a question was posed to the Departmental Representative as to how the appellants could be absorbed in the Finger Print Bureau if substantive vacancies were not available in the said organization. It is a settled rule of administration that absorption in any cadre/unit of an official can only be ordered if a substantive vacancy for the purpose is available.
In case, the vacancies arc of a temporary nature, officials are accepted on deputation only and cannot be absorbed against such vacancies. The very fact that all the appellants had been duly absorbed in the F.P.B. And later on had also been granted further promotion to the rank of Head Constable and A.S.-I. Leaves no doubt that the said action had been taken against substantive posts/vacancies being available in the F.P.B. For the purpose. Arguments of the respondents that promotions granted to the appellants were of a local nature is not valid. There is no mention in the orders relating to absorption on one step promotion and subsequent promotion to the rank of A.S.- I. That the said promotions were being ordered on ad hoc basis or these were the so-called local promotions. The appellants' promotions to the rank of A.S.-I. Had been ordered subsequent to the recommendations of a duly constituted Departmental Promotion Committee, against existing vacancies. Hence, it is not understood as to how these promotions are being termed local promotions by the respondents.
10. The appellants had also drawn attention to the discriminatory treatment being meted out to them. It was contended that while the appellants had been ousted from the F.P.B. Other identically appointed/promoted officials, some of whom did not even possess the requisite educational qualifications, had been retained. The respondents, neither in their written objections nor during arguments have rebutted this assertion of the appellants. This tantamount to admission of the same and is thus, a clear example of discrimination which cannot be allowed under any circumstances.
11. In view of the foregoing discussion, no doubt is left that the appellants stood duly absorbed in the F.P.B. On such absorption, their lien with their parent districts/units stood automatically terminated. Hence, they cannot be repatriated to their so-called parent units/districts at this stage.
They are to be considered as regular employees of the Finger Print Bureau for all intents and purposes. Again, the promotion of the appellants to the rank of Head Constable had been ordered at the time of their absorption in the F.P.B. Further promotion to the rank of A.S.-I. Had also been granted to the appellants on the recommendations of the Departmental Promotion Committee of the Finger Print Bureau. As such, the promotion of the appellants to the rank of A.S.-I. Is held to be a valid promotion.
"12. In view of the factual position discussed above, the impugned orders, dated 26-5-2006 are set aside from the date of its issue. Resultantly, the position prevailing in respect of the appellants prior to the date of issue of the said impugned orders is restored. Moreover, the appellants would be entitled to their full salary and allowances for the period they may have spent out of the Finger Print Bureau consequent to the issue of the impugned orders referred to above.