' Anwar Hussain, J.--The petitioners were appointed in the Ghee Corporation of Pakistan in 1976, and were retired on 01.08.2001 and 24.04.2008, respectively, from the Pakistan Oilseed Development Board, which is under the Ministry of Food, Agriculture/Respondent No, 1.
2.The case of the petitioners is that they are Graduates having B.Sc (Agriculture) Degrees, from the University of Sindh and were appointed in the Ghee Corporation of Pakistan and by Notification No, F-17-3, dated 08.02.1995, all assets and posts of National Monitoring and Co-ordination Unit (NMCU) of the National Oil Seed Development (NODB) and Seed Division of Ghee Corporation of Pakistan (GCP), were transferred to newly constituted Pakistan Oilseed Development Board (PODB), of Ministry of Food, Agriculture and Livestock, thereby the officers /officials named with their designation and pay scales mentioned in the List therein, stood absorbed/merged to PODB, with immediate effect.
3.The petitioners were working as Field Officers (BPS-16) in Seed Division of Ghee Corporation of Pakistan (GCP) and their names are shown in the said List at Sr. No, 39 and 37, respectively.
Consequently the petitioners along with others, were absorbed in the newly constituted Pakistan Oilseed Development Board (PODB), Ministry of Finance, Agriculture and Livestock and the petitioners were designated as Field Officers in BPS-16, and are now retired employees of PODB.
4.The Respondent No, 5/Establishment Division, Govt. Of Pakistan, vide their Office Memo. No, F.8/96/2005/R 1, dated 21.09.2005, agreed to the up-gradation of the Posts of Field Officers from BS- 16 to BS-17, in PODB, with effect from the date of the upgraded posts are actually filled in by eligible persons in prescribed manner and subject to approval from the Secretary Finance.
5.The Finance Division/Respondent No, 4, vide their Office Memo. No, F.2(28) R-2/94-220, dated 26.06.2008, gave approval for the said up-gradation on regular basis w.e.f, the date the posts are actually filled in after finalization of Recruitment Rules, in accordance with Appointment, Promotion, Transfer Rules, 1973.
6. In pursuance of the said letter and Office Memo, the Respondent No, 1/Ministry of Food, Agriculture and Livestock, issued Notification No, F1-2/2002-S1(PODB) dated 17.7.2008, in respect of the said up-gradation.
7.Ultimately the PODB/Respondent No, 2, issued their Office Order No, F-37-8/PODB(Admn)/401, dated 30.7.2008, and thereby the post of Field Officer (having Qualification B.Sc. Agriculture) Hons, were upgraded from BS-16 to BS-17, in PODB w.e.f, from the date, the posts were actually filled in by eligible persons in prescribed manner.
8. In view of the above, on 02.6.2011 the petitioners filed this petition and prayed that Respondents be ordered to pay the up-gradation amount from 5.11.1980, till their retirements alongwith 14/% bank interest and after notices to the Respondents, they filed their Replies/Comments in the matter.
9. The Respondent No, 1/Ministry of Food, Agriculture and Livestock filed their Comments, wherein it has been submitted that all the Field Officers of PODB in 2008, have been upgraded in pursuance of the Establishment Division vide Office Memo. No, F.8/96/2005. R1, dated 21.09.2005. The Petitioners No, 1 & 2, retired on 01.08.2001 and 24.04.2008, respectively, before the date of up gradation of existing Field Officers at that time. To solve the dispute of the Field Officers, the Ministry of Food Agriculture & Livestock has directed to convene a meeting of the Management & Administrative Committee, which is to be held on 06.07.2011, in which up gradation of Field Officers, would be decided and recommendation of the Committee will be placed before the Board of Governors of PODB for approval in its coming meeting. The grievance of the petitioners was also to be redressed after the decision of the Board of Governors of PODB.
10. The Managing Director, PODB/Respondent No, 2, filed their Comments, thereby submitted that the petitioners are not entitled for emoluments and service benefits w.e.f, 05.11.1980, as the up gradation was not from the back dates and further submitted that up gradation w.e.f, the date, the posts were actually filled in after finalization of Recruitment Rules of PODB, which were approved and finalized on 31.10.2009, and the petitioners retired long before up gradation of post of Field Officers. Therefore, the petitioners are not entitled for any kind of arrears/emoluments and prayed for dismissal of the petition.
11. The Provincial Director PODB/Respondent No, 3, submitted Written Reply, and contended that in pursuance of 18th Amendment in the Constitution of Pakistan, PODB, has been wound up and its Administrative Ministry Food and Agriculture, is devolved to the Provinces w.e.f 01.07.2011. All the officers and staff have been transferred and posted to other Ministries and Departments vide Management Services Wing, Establishment Division's Letter No, 105/09 MS-N/2011, dated 22nd and 24th August, 2011. All offices including Head Office of PODB, are closed and relevant record is in custody of Cabinet Division, who is dealing with all the pending matters in respect of the devolved Ministry/Department. Finally prayed that the matter be referred to the Cabinet Division.
12.The Cabinet Division/Respondent No, 5, did not file Comments but on 13.10.2015, learned Standing Counsel, submitted that he is willing to argue the matter in absence of the comments on the basis of material available on record.
13. The Federal Ministry of Finance/Respondent No, 4, filed their Comments, wherein they submitted that the issues in the matter basically relate to defunct Ministry of Food and Agriculture/ Respondent No, 1, and PODB/Respondent No, 2, and its Ministry "National Food Security" may be in better position to defend the matter and prayed that the Finance Division may be excluded from the list of Respondents.
14.The Ministry of Food, Sindh/Respondent No, 7, submitted Written Statement, wherein contended that the issues involved in this petition are neither relevant nor pertained to the Food Department Government of Sindh. Therefore, prayed for exclusion of the Respondent No, 7.
15.Heard the learned counsel for petitioners, learned standing counsel and learned Addl. Advocate General, Sindh and perused the record in the matter.
16.The learned counsel for the petitioners submits that the petitioners are retired employees/field officers of PODB/Respondent No, 2, and their Post BS-16, have been up-graded to BS-17, in PODB, in terms of PODB's Office Order dated 30.07.2008 entitled to payment of their up-gradation amount/emoluments from 5.11.1980, till retirement from PODB.
17.The learned standing counsel submits that the Petitioners No, 1 & 2, retired from PODB as Field Officers on 1.8.2001 and 24.4,2008, respectively, before the date of up-gradation, as per Office Memo. Dated 30.07.2008, of Respondents No, 2, and even the Recruitment Rules of PODB, were finalized on 31.10.2009, and petitioners retired long before up-gradation.
18. Further submitted that the PODB, by way of their Comments have opposed the case and claim of the petitioners on the ground that petitioners retired before the date of upgradation as per Office Memo. Dated 30.7.2008 of PODB and PODB Recruitment Rules, were finalized on 31.10.2009.
19. We have observed that Petitioners No, 1 & 2, are retired field officers (BS-16) of the PODB, and retired on 01.08.2001 and 24.04.2008, respectively, and thereafter the said posts were up-graded by the PODB, vide their Office Order dated 30.07.2008, and as such on the basis of the same the petitioners on 02.06.2011, have filed this petition, with following prayers:-
(a) It be ordered to the respondents pay the up gradation amount from 5.11.1980 to till the retirement alongwith 14% bank interest as the petitioner are retired and entitled for their service/emolument.
(b) Any other relief deemed fit and proper granted in favour of the petitioner.
20. Admittedly the Petitioner Nos.1 & 2, having retired earlier to the said up-gradation of PODB, and even otherwise the Office Order dated 13.12.1980, relied upon by the petitioners, is not in respect of the employees of PODB, and relates to different situation and as such same is not helpful to the petitioners in the matter. Hence the petitioners are not entitled to the up-gradation amount and service emoluments on the basis of Office Memo. No, F.37-8/PODB (Admin.)/401, dated 30.7.2008, as claimed in the petition, and that too retrospectively. The Honourable Supreme Court in the case of Abdul Wajid Malik reported in 2006 SCM R 1360 has held that up-gradation is not promotion and as such the incumbent is not entitled to claim the benefit out of such up-gradation. Admittedly in this case the petitioners were not promoted.
20. In view of the above, the petition is dismissed.