1. ' M. SAL EEM CHAUDHRY (CHAIRMAN).-The appellant was appointed Overseer in the pay scale of Rs, 175-15-325 on 6th May, 1967 and joined on 15th of May, 1967 as Overseer, Rural Works Programme Tehsil Council, Shujabad. On the 2nd of June, 1970, the Chairman Tehsil Council Shujabad purporting to act under the orders of the Project Director Deputy Commissioner, Multan fixed the salary of the appellant at Rs, 125 in the pay _scale of R. 125-7-195/8-275 with effect from 15th of May, 1967 i,e, the pay admissible to the unqualified Overseers. He further directed that the appellant be asked to refund a sum of Rs, 2,037.49 in lieu of the excess payment received by him, as objected to by the Director Local Fund Audit, Multan Region, Multan in his order, dated 6th October, 1969.
2. Feeling aggrieved the appellant represented to the Deputy Commissioner, Multan, and the Chairman of the District Rural Works Programme who wrote a letter, to the Director, Local Fund Audit, Multan Region, suggesting therein that the appellant was entitled to the pay scale of Rs, 175- 15-325 as sanctioned at the time of his appointment. The Director Local Fund Audit, however, replied that since the appellant had qualified from Civil Engineer Institute, Multan and he cannot be treated at par with the Overseers who had qualified from Rasul, therefore, he was to be allowed the pay scale of Rs, 125-7-195/8-275 as already advised by him, on the 6th of October, 1969. The above decision appears to have been accepted by the Chairman, Rural Works Programme District Multan and the same was implemented. Thereafter the appellant filed a civil suit in the Court of Administrative Civil Judge, Multan which was declared to have abated by the Civil Judge on the 18th May, 1974 after enactment of Article 212 of the Constitution and the establishment of the Service Tribunal in Punjab. The present appeal was filed before us on 10th September, 1974 under section 4 of the Punjab Service Tribunals Act, 1974. We have called for the comments from the respondent in which the Director Local Fund Audit, relying upon the letter, dated 13th November, 1970 from the Director Board of Technical Education, Lahore and letter, dated 24th October, 1970 from Director, Centre of Technology, Multan replied that the appellant who qualified from the Civil Engineering Technology School, Gulgasht Colony, Multan by undertaking a course of one year cannot be treated at par with those who usually undertake 2 to 3 years course in recognised institute. Both the Directors mentioned above had reported in definite terms that the appellant had not taken the diploma from any recognised Institution and cannot be regarded as qualified Overseers and as such was not entitled to the scale admissible to the qualified hands. However, before us the point arose as to whether the appellant could be treated as Civil Servant as defined in the Punjab Service Tribunals Act, 1974, as he was not holding a Civil Post as defined in the Civil Servants Act. He was an employee of the Local Council. It is well settled now that the employees of the Local Council cannot be considered as civil servant as defined by the Punjab Service Tribunals Act. We, therefore, hold that the appellant was not a Civil Servant and could not file this appeal. The order of the Civil Court treating him as a Civil Servant and declaring the abatement of suit did not appear to be well founded. However, even on merits we find that the Chairman of the Local Council had no powers to grant him the scale admissible to the qualified Overseers, as he has not taken diploma in Engineering from any recognised Institute. The appellant in the last contended that the direction as to recovery was harsh, that the appellant cannot be in any way asked for refunding the overpayment, if any. Since we have already observed that we have no jurisdiction over the matter, it is for the authorities concerned to look into the matter as apparently this contention of the appellant appears to Barry some force. With these observations, we reject this appeal in limine as incompetent. Appeal rejected.