' S. ABDUL JABBAR KHAN (CHAIRMAN).-Syed Riaz Hussain Shah, Superintendent, Mineral Development Wing, Directorate of Industries Punjab has filed this appeal under section 4 of Punjab Service Tribunal Act, 1974 praying that the Director of Industries and Mineral Development be directed to promote the appellant as Superintendent from the date the promotion was due to the appellant with effect from 2nd September, 1974 or in the alternative the reversion order dated 27th September, 1977 of the appellant be set aside. The brief facts of the case are as under:
2. Upon the dismemberment of One Unit the Directorate of Mineral Development and Coal Organization was merged in the Directorate of Industries and Mineral Development Punjab with effect from 1st July, 1970. The Government was requested vide memo No, A-E-8-15/72 dated 22nd January, 1972 to seek the advice of S&GAI Department as to whether the seniority of non-gazetted staff of the defunct Directorate of Mineral Development and Coal Control Organization was to be treated as separate from the staff of the former West Pakistan Directorate of Industries or all of them were to be brought on a common seniority list. It was further requested to elucidate whether seniority of the officials of the Mineral Development and Coal Control Organization was to be determined with reference to their continuous appointment in the grade or from the date of their merger into the Directorate of Industries with effect from 1st July, 1970. The industries and Mineral Development Department vide their Memo No, I-16-5/74 dated 25th April, 1975 gave the following &dyke :---
(I) that the septiority of the officials in the Mineral Development Wine may be kppt separate from thy ottierwings ; and
(ii) that staff in the Coal Wing may be merged and amalgamated with the staff of the Directorate of Industries for purpose of . seniority.
3. In the meanwhile the post of Superintendent was sanctioned for the Mineral Development Wing with effect from 1st July, 1974. The Appellant was accordingly asked vide letter No, A E-8-10 (VII)/74 dated 13th May, 1974, to exercise his option as to whether he desired retention in the Directorate or repatriation to his parent Department. The appellant opted for his permanent retention in this Department vide letter dated 27th May, 1974. While the case of the appellant was under consideration one Mr. Abdul Qayyum Assistant in the Mineral Development Wing represented against the retention of the appellant and pleaded that in case of his retention in the Directorate he should be allowed seniority from the date of his permanent absorption with effect from 27th May, 1974 or be should be repatriated to his parent Department. The Department acting upon the instructions of Government filled this vacancy with Mr. Riaz Ahmad Malik a surplus Superintendent of that office and his absorption was subsequently approved by the S&GAD. The matter regarding the appellant's case was decided as late as on 25th April, 1975 and since there were many assistants on the Industry side senior to the Appellant the latter could not be promoted before 25th April, 1975, the date on which the Government decided to maintain separate seniority list from the staff of the Industry side. Vacancy of another Superintendent was caused with the retirement of Mr. A. R. M. I. H. Ansari. The Commissioner, Punjab Employees' Social Security Institution moved the Directorate of Industries for the repatriation of Mr. Abdul Hamid Superintendent who was declared surplus with effect from 1st July, 1970 and absorbed in the said Institution as on deputation. Due to non-availability of vacancy of Superintendent, the Commissioner, Social Security Institution was requested to retain Mr. Abdul Hamid till a vacancy available in the Directorate, but the Commissioner did not agree to his suggestion and repatriated Mr. Abdul Hamid to the Directorate on 1st July, 1975. The matter was referred to SGA&I Department to settle this issue, that this would deprive Mr. Abdul Hamid Malik of this chance though he was senior to Mr. Riaz Ahmed Malik. The Welfare Wing of SGA & I Department confirmed the absorption of Mr. Riaz Ahmed Malik against the vacancy of Mineral Development Wing and also decided that Mr. Abdul Hamid Malik be accommodated against the post of A. R. M. I. H. Ansari who was proceeded on L. P. R. This matter was resolved as stated above despite agitation of staff of Mineral Development Wing against the absorption of Mr. Riaz Ahmad Malik. This is how Mr. Riaz Hussain Shah, appellant was again deprived of even subsequent vacancy caused by the retirement or Mr. Ansari. Sometime later another vacancy of Superintendent became available with the Directorate with effect from 1st October, 1975 due to the departure of Mr. Jamal Dint Superintendent, proceeded on L. P. R.
Unfortunately this true one Mr. Altaf Ahmad Sheikh came in the appellant's way. This official was declared surplus on the dismemberment of One-Unit with effect from 1st July, 1970 and absorbed by the SGA & I Department in the Health Department. The Health Department requested for repatriation of Mr. Altaf Ahmad Sheikh and ultimately relieved him with effect from 8th October, 1974 for absorption in the parent Department, and the matter Was placed before the Directorate of Industries and Mineral Development (Mr. Inamul Haq) who passed the following orders : "Discussed. In this case the first concern should be absorption of surplus staff. The question of promotion of anyone can arise only after the absorption. Consequently Mr. Altaf Ahmad Sh.
Possesses prior right, should be absorbed at this stage. The cases of promotion are to be decided by the Committee as decided by my predecessor."
' This is how the appellant again lost the chance of his promotion. When Mr. Ghulain All Alvi proceeded on LPR w. e. f. 1st May, 1976 one Mr. Muhammad Anwar, another surplus Superintendent who was absorbed by the S. G. A. & I Department in the Punjab Social Security Institution was repatriated to the Directorate of Industries & M D and he being the senior person than the appellant was adjusted against this vacancy. All this time the appellant kept on agitating his claim for promotion and was ultimately promoted as Superintendent purely on ad hoc basis for a period of six months w. e. f. 1st May, 1976. Even this ad hoc promotion was contested by Mr. Aziz-ud-Din senior most Assistant in the Directorate. This case was processed and put up to the Director of Industries and Mineral Dev. And consequently reversion of Mr. Riaz Hussain Shah as Assistant was ordered.
This had to be done in order to accommodate Mr. M. M. Ahmad another Superintendent of the Directorate repatriated earlier. The misfortune of the appellant did not end here as when the case for regularization of his promotion as Superintendent was referred to the Departmental Promotion Committee one of the members of the Committee put his foot down on the ground that one Mr. Abdul Qayyum, Assistant of Mineral Development Wing had represented to Government for assigning seniority to Mr. Riaz Hussain Shah among the Assistants w. e. f. The date of his permanent absorption in the Directorate. However, in pursuance of Martial Law Instruction No, 21 dated 8th August, 1977, a meeting of the Departmental Seletion/Promotion Committee headed by the Director of Industries and Mineral Dev. In association with a representative from Martial Law Authorities was convened on 8th September, 1977 for regularization of ad hoc appointees promotees. At this stage also Mr. Abdul Qayyum contested the claim of seniority by the appellant and the Committee without deciding the issue referred the case to Government. On this the"Government observved that the decision had not been taken in accordance with the Martial Law Instruction No, 21 and directed to convene another meeting to decide such cases. However, the matter was again resolved by the said Committee which adhered to the earlier decision regarding revision of Mi. Riaz Hussain Shan. The appellant preferred an appeal which was accepted by the Government and he was promoted as Superintendent w. e. f. 9th October, 1979. However; the claim of his promotion to the post of Superintendent w. e. f. 1st May, 1976 was rejected vide their Memo No, 111-1 l-5;75(SCI) dated 24th June, 1980.
4. We have heard the appellant in person at length as well as learned D. A. Assisted by the Departmental Representative and perused parawise comments of the Depertment accordingly.
5. We have given or anxious thought to the matter and Ond that Department has acted strictly in accordance with the instructions and were under compulsion to accommodate persons senior to the appellant who came in his way due to their repatriation to the parent Department. We have taken pain to go into the history of the case by perusing the personal file of the appellant and find that while accepting the ultimate appeal the Secretary Government of the Punjab, Industries and Mineral Development Department, Mr. Anwar Zahid, has himself observed as under :- "It is crystal clear from the record of appointment of Mr. Riaz Hussain that he was not taken on deputation but appointed on the recommendation of the Selection Committee as Assistant in the defunct Directorate w. e. f. 1st July, 1963. The retention of lien in his previous Department does not change the character of his induction as a fresh appointee. The advertisement for the post, minutes of the Selection Committee, assignment of seniority at No. 1 amongst the selectees clearly determine the factual position that Mr. Riaz was appointed on lst July, 1963 and was not taken on deputation. The method of selection and the seniority list issued on 24th January, 1975 unmistakably confirm the above position. As such there is no doubt in my mind that the seniority of Riaz Hussain as Assistant in the Mineral Wing has to be counted w. e. f. 1st July, 1963."
' In this order the Secretary to Government of the Punjab Industries and Mineral Development Department, has expressed in unequivocal term that Mr. Riaz Hussain Shah was given a raw deal and every time it was his turn to get promoted a surplus Officer was accommodated and then he was again relegated in the seniority list on the pretext of being a deputationist till 1974.
6. We are at a loss to understand why the Secretary, Industries and Mineral Dev. Department, Punjab, who himself accepted that the case of appellant was a case .Of hardship, could not secure what was due to the appellant. In the operative portion of his order he ordered the appellant promotion w. e. f. 9th October, 1979 and not from 27th September, 1977 which would have been the correct position, according to his own judgment. However, as this Tribunal is precluded by virtue of Act 1974 itself to confer promotion on civil servants, therefore, we cannot allow him relief which he has claimed in his appeal made before us. What we can do is to recommend his claim for reconsideration to the Government in view of the history of the case discussed earlier in or judgment and the findings of the Appellate Authority which somehow or other and for reasons best known to him, the Authority himself declined to bestow on him by failing to allow promotion which was due to him from 29th July, 1977 particularly in view of the fact that reversion order was set aside by the Authority. The appeal is disposed of accordingly.