' IQBAL HAMEEDUR RAHMAN, C.J.--- Through the instant appeal, the appellant has made the following prayers:---
(a) the instant appeal may kindly be accepted;
(b) the impugned order dated 6th August, 2012 along with the newspaper advertisement dated 10th August, 2012 be declared to be illegal and unlawful;
(c) the respondent be directed to constitute a Departmental Promotion Committee (DPC), in accordance with the Employees Service Regulations (as amended by the respondent's decision dated 3rd February, 2010) and consider the cases of eligible employees, including the appellant for promotion to the vacant position of Director General (Coordination).
2. The appellant has alleged that he is a professional Electrical Engineer, holding a Master degree in Electrical and Computer Engineering. On 25th July, 2000, he joined the respondent Organization as Deputy Director and subsequently was promoted to the post of Director. On 6th August, 2012, the respondent/Chairman Pakistan Telecommunication Authority approved the recruitment against the vacant position of Director General (Coordination) through direct/initial appointment and subsequently, in this regard, an advertisement dated 10th August, 2012 was also got published by the respondent. The appellant, through the instant appeal, has impugned the order dated 6th August, 2012 as well as the advertisement dated 10th August, 2012.
3. Learned counsel for the appellant argued that the instant appeal has been filed by the appellant under section 7(1) of the Pakistan Telecommunication (Re-Organization) Act, 1996 against the order of the respondent, as the appellant is aggrieved by the order of the Authority i,e, the Chairman Pakistan Telecommunication Authority; that the impugned order is in violation of the rules of natural justice, which are to be read as integral part of each and every statute; hat according to the Minutes of the meeting held on 12th January, 2010, it was agreed that DSC (Departmental Selection Committee) and DPC (Departmental Promotion Committee) for Directors and Director General will be comprising of Members with Chairman as Chairman of DSC and DPC and Director (Coordination) as Secretary of DSC and DPC; that last DPC (Departmental Promotion Committee) was constituted on 29-12-2010, however, no action was taken after the constitution of Departmental Promotion Committee; that according to Regulation 21(3) of Pakistan Telecommunication Authority Employees Service Regulations, 2008, the Chairman may constitute the Departmental Promotion Committee on annual basis but for the last 3/4 years no D.P.C.
(Departmental Promotion Committee) has been constituted and no meeting of D.P.C. Has been held; that recruitment against the post of Director General through initial appointment is against the principle of natural justice and the same is in contravention with section 6(b) of Pakistan Telecommunication (Re-Organization) Act, 1996; that the impugned action of direct recruitment against the post of D.G. (Coordination) amounts to depriving the employees from their legitimate right of promotion and the same is in violation of section 24-A of General Clauses Act, 1897; that by making direct recruitment against the post of Director General (Coordination), the appellant has been deprived from his legitimate expectancy for promotion as Director General; that according to section 6(b) of Pakistan Telecommunication (Re-Organization) Act, 1996 all the decisions and determinations are required to be made in a transparent manner but the appellant has been condemned unheard; that the Departmental Selection Committee (D.S.C.) has been reconstituted in violation of section 10 of Pakistan Telecommunication (Re- Organization) Act, 1996; that the Departmental Selection Committee has been constituted by the Chairman Pakistan Telecommunication Authority without the approval of Pakistan Telecommunication Authority, as Member (Finance) and Member (Technical) have been excluded from the Departmental Selection Committee, as such, mala fides are floating on the surface.
Learned counsel for the appellant has relied upon 1998 SCM R 2268, 2005 SCM R 678, PLD 1996 SC 610, 1992 SCM R 563, PLD 2006 SC 787 and PLD 1971 SC 393.
4. Conversely learned counsel for the respondent argued that the instant appeal is not maintainable; that the filing of the instant appeal amounts to stifling/hindering the functioning of a regulatory body; that the appellant is trying to hinder a policy decision made by a statutory body; that Pakistan Telecommunication Authority Employees Service Regulations, 2008 permit the Chairman to appoint a Director General through direct recruitment; that the employees of Pakistan Telecommunication Authority are not civil servants and have no expectancy of future promotion; that the appellant himself was appointed as Deputy Director in the year 2000 through direct recruitment; that Regulations 40 and 42 of Pakistan Telecommunication Authority Employees Service Regulations, 2008 provide right of appeal to the employees of Pakistan Telecommunication Authority, as such, the instant appeal filed by the appellant under section 7(1) of the Pakistan Telecommunication (Re-Organization) Act, 1996 is not maintainable; that the appellant has no locus standi to file the instant appeal and the promotion is not a vested right of a government employee; that no grievance has been agitated by the appellant and according to section 3(8) of Pakistan Telecommunication (Re-Organization) Act, 1996, powers of the Authority in the matters relating to its administration and staff of the Authority are to be exercised by she Chairman; that according to Regulation 4 of the Pakistan Telecommunication Authority Employees Service Regulations, 2008, the power of interpreting Pakistan Telecommunication Authority Employees Service Regulations, 2008 rests with the Chairman. Learned counsel for the respondent has further argued that the appellant was free to apply for the post of Director General but he has not applied for the said post for the reasons best known to him. Learned counsel for the respondent has prayed for dismissal of the instant appeal.
5. I have heard the learned counsel for the appellant as well as learned counsel for the respondent and perused the documents made available on record.
6. In essence, the appellant, through the instant appeal has assailed the order dated 6th August, 2012 as well as the advertisement dated 10th August, 2012, whereby, the post of Director General (Coordination) (BPS-20) in the Pakistan Telecommunication Authority, is to be filled by direct recruitment. The appellant has filed the instant appeal alleging therein, that he being qualified and experienced officer is eligible for promotion against the said post of Director General (Coordination) and the impugned order is against the doctrine of legitimate expectation, whereas, the learned counsel for the respondent while contesting the instant appeal on merits has also objected the maintainability of the same.
7. As far as, the question of maintainability of the instant appeal is concerned, the appellant has filed the instant appeal under section 7(1) of the Pakistan Telecommunication (Re-Organization)
Act, 1996, according to which a person aggrieved by any decision or order of the Authority on the ground that it is contrary to the provisions of the said Act, may, within thirty days of the receipt of such decision or order file appeal to the High Court. However, it is pertinent to mention here that the instant appeal has been filed by an employee of Pakistan Telecommunication Authority and the issue agitated through the instant appeal relates to the terms and condition of service of an employee of Pakistan Telecommunication Authority. In such a situation, ultimately an employee has to adopt a procedure as laid down in the service Rules. Pakistan Telecommunication Authority Employees Service Regulations, 2008 are applicable to the Employees of Pakistan Telecommunication Authority, whereas, Regulation-7, of the Pakistan Telecommunication Authority Employees Service Regulations, 2008, reads as under:---
7. Terms and conditions of service.--- (1) Terms and conditions of an Employee shall be as laid down in these regulations or in such subsidiary orders and instructions as may be issued from time to time by the Chairman.
' Therefore, the appellant, who for all intents and purposes is an employee of Pakistan Telecommunication Authority and terms and conditions of his service being regulated by Pakistan Telecommunication Authority Employees Service Regulations, 2008, by any stretch of imagination, cannot jump over these regulations and ultimately he has to follow these regulations in true letter and spirit. Moreover, it was specifically mentioned in the appointment letter of the appellant dated 10th July, 2000 that "in respect of the other matters not specified in this letter, you will be governed by the rules/regulations applicable to Pakistan Telecommunication Authority employees". It is pertinent to mention here that Regulation 42 of the Pakistan Telecommunication Authority Employees Service Regulations, 2008, provides appeal against an order other than an order imposing a penalty, according to which:---
(1) an employee shall be entitled to appeal to the appellate authority against an order passed by an authority which:---
(a) alters to his disadvantage, his conditions of service, pay, allowances or pension; or
(b) interprets to his disadvantage the provisions of any regulation whereby his conditions of service, pay, allowances or pension are regulated; or
(c) reduces or withholds the maximum pension admissible to him under the regulations governing pension; or
(d) terminates his employment or gives notice of such termination otherwise than;
(i) on his reaching the age of superannuation; or
(ii) in accordance with the provisions of these regulations: ' Provided that a person shall have no right to appeal against an order passed by the Board, but he may apply for review of the order.
(2) The appellate authority for purposes of sub- regulation (1) shall be the authority next above the authority competent to make appointment to the post held by the employee concerned.
' Hence, inference can safely be drawn that the instant appeal filed by the appellant under section 7(1) of the Pakistan Telecommunication (Re-Organization) Act, 1596 is not maintainable and the appellant is bound to adopt the procedure mentioned in the Pakistan Telecommunication Authority Employees Service Regulations, 2008 for redressal of his grievance.
8. The appellant, in his appeal, has alleged that there is no justification for filling up the vacant position of Director General (Coordination) through direct recruitment, as he had developed a legitimate expectation to be considered for promotion against the said post, however, the appellant has failed to prove from the Pakistan Telecommunication Authority Employees Service Regulations, 2008 that the post of Director General (Coordination) is required to be filled through promotion and the same could not be filled through direct recruitment. As far as, the question of legitimate expectation of the appellant, for promotion as Director General (Coordination), is .Concerned, the appellant could expect his promotion against the said post of Director General, if so is mentioned, in the Pakistan Telecommunication Authority Employees Service Regulations, 2008. I have also perused the criteria for filling up the posts of Directors Generals [(i) Licensing, Technical, Licensing Enforcement, (ii) Law and Regulations and (iii) Finance and Tariff (BPS-20) mentioned in "Annexure-B" of Pakistan Telecommunication Authority Employees Service Regulations, 2008, but it is nowhere mentioned that these posts will be filled through Promotion, therefore, the plea taken by the appellant that the post of Director General (Coordination) is required to be filled by promotion is without any legal force. It would also not be out of place to mention here, that the appellant, for the reasons, best known to him, has also not applied for appointment as Director General (Coordination) through direct recruitment, as such, he himself has not availed an opportunity of competing for the post of Director General (Coordination) through direct/initial appointment. Further-more, as it is mentioned under Regulation 7(3) of Pakistan Telecommunication Authority Employees Service Regulations, 2008, that "any matter not expressly provided for in these regulations, shall be decided by the Chairman," therefore, the appellant cannot allege that the impugned order of the Chairman Pakistan Telecommunication Authority, for filling up the post of Director General (Coordination) through direct/initial recruitment is unfair, unjust and is also in violation of section 24-A of the General Clauses Act, 1897.
9. Learned counsel for the appellant during the course of arguments has also taken the stance that though, under section 7(2) of the Pakistan Telecommunication (Re-Organization) Act, 1996, a person aggrieved by any decision or order of any officer of the Authority acting under the delegated powers of the Authority may, within thirty days of the receipt of the decision or order, file appeal to the Authority, but in the instant case the impugned order has been passed by the Authority i,e, Chairman himself hence, the appellant has no remedy of filing appeal before any authority, However, reply of the said argument is available under section 7(3) of the Pakistan Telecommunication (Re-Organization) Act, 1996, which reads as under:--- "(3) Notwithstanding anything contained in subsection (2), any person aggrieved by any decision or order of the Authority may, instead of filing an appeal under that subsection, within thirty days of such decision or order, make an application for a revision of the decision or, as the case may be, order to the Federal Government, through the Secretary, Ministry of Communications, Government of Pakistan who will decide the appeal within sixty days."
As such, it is quite surfaced that appellant, as provided under Regulation 42 of Pakistan Telecommunication Authority Employees Service Regulations, 2008, has the remedy of filing appeal against the order of the Authority or the Chairman Pakistan Telecommunication Authority, to the Federal Government through the Secretary, Ministry of Communications, Government of Pakistan, who will decide the appeal within sixty days.
10. In view of what has been discussed above, I am constrained to hold that the instant appeal, being not maintainable, as well as having no merits is liable to be dismissed. Resultantly the same stands dismissed.