' A. O. RAZIUR RAHMAN (MEMBER).-The Appellant, who is a Law Graduate and a domicile of the Northern Area (Baltistan), joined the Police Department as Sub-Inspector on 1st September, 1958 ; and by dint of hard work and continuous effort, he was promoted as Superintendent of Police on 18th March, 1972. Subsequently, on 27th May, 1974, he was appointed as Assistant Inspector-General of Police (Baltistan), Skardu. When, by an order issued on 27th November, 1975, the pay scales of the posts in the Northern Areas were revised and placed in the Revised National Pay Scales, the Appellant became entitled to the Revised National Pay Scale 18, with a Special Pay of Rs. 275 per month, by virtue of his holding charge of the post of Assistant Inspector-General of Police. He is still continuing to draw the Grade 18 pay, together with the Special Pay. His grievance is that, although he is the senior-most officer belonging to the Northern Areas, he was not considered for promotion as Deputy Inspector-General of Police in the. Northern Areas when the post fell vacant, and one Mr. Qamaruddin Khan, an Officer on Special Duty at Karachi, was ordered to take over in that post and, on his refusal, another officer, Mr. Khalid Latif, a Grade 18 officer, who was Superintendent of Police, Sialkot, was promoted to Grade 19 and posted as Deputy Inspector-General of Police, Northern Areas.
2. The contention of the Appellant is that, being the senior-most police officer belonging to the Northern Areas, he should have been promoted as Deputy Inspector-General of Police, instead of an outsider being brought in to occupy that post. In this connection, he has referred to the Establishment Division's Office Memorandum No. F. 8/9-72- TRVIR. II, dated 25th June, 1978, in which it has been laid down that recruitment to posts under the Federal Government in the Northern Areas may be made from outside, only if suitable candidates are not available locally. On the basis of this, he made a representation to the Kashmir Affairs and Northern Affairs Division on 28th August, 1980, requesting that, in view of his qualification and the fact that he belongs to the Northern Areas, he should be given preference over officers from outside and should, therefore, be promoted to Grade 19 and posted as Deputy Inspector General of Police, Northern Areas. In reply to this representation, he was informed, vide Commissioner for Northern Areas, Memo. No. RES-1 (I)/71, dated 17th November. 1980, that the Kashmir Affairs and Northern Affairs Division had informed that there was only one post of Deputy Inspector-General of Police in the Northern Areas in the Police Department, against which one Mr. Khalid Latif formerly Superintendent of Polk, Sialkot, was already working, having been appointed, vide order passed earlier. Aggrieved by this reply from the Kashmir Affairs and Northern Affairs Division, the Appellant has preferred the present appeal before the Tribunal on 29th November, 1980. The appeal was heard by us on .8th July, 1982, and is being disposed of by this order.
3. The Respondents in the case are: (1) Additional Secretary, Kashmir Affairs and Northerh Affairs Division, Islamabad ; (2) the Secretary, Estt. Division ; and (3) the present incumbent of the post of D.I.G. Police, Northern Areas, Gilgit, Mr. Khalid Latif. So far as the third Respondent is concerned he filed a written statement of 21st February, 1981, in which he categorically stated that his right did not in any way conflict with the Northern Areas Police Establishment and that he did not have any objection to the Appellant being promoted to Grade 19 if the service rules so permitted, as his own rights were not infringed is any way. Respondents L and 2, however, filed their written objections jointly through Mr. S. M. Shahudul Haque, Advocate, and the Standing Government Counsel before this Tribunal, who also contested the appeal on their behalf.
4. It is not disputed by Respondents and 2 that the Appellant is the senior-most officer in the Police Department in the Northern Areas. However, it is contended by them that since, according to Government policy this post is, for administrative reasons, to be filled by officers of the former P. S. P. Cadre drawn from all over Pakistan, and not by local promotion, it is not possible to accede to the request of the Appellant for posting as Deputy Inspector-General of Police, Northern Areas.
Objection has also been raised on behalf of Respondents 1 and 2 that the appeal is not maintainable because, under section 22 of the Civil Servants Act, 1973, no representation lies regarding matters relating to the determination of fitness of persons to hold a particular post or to be promoted to a higher post.
5. We have heard both the parties and are satisfied that the grievance of the Appellant is legitimate and genuine. Having put in more than 22 years of service in the Police Department and having received extensive training in various aspects of police work both in Pakistan and abroad, he had every right to be considered for promotion when the post. Of Deputy Inspector-General of Police fell vacant in the Northern Areas. It appears that this was not done because of a decision of the Government that higher posts whether in the Provinces or the Northern Areas or Azad Jammu and Kashmir should, in the interest of national integration, be filled by officers drawn from all over Pakistan not only from the local area. This decision has been recorded at serial No. 56 of File No. E- II-2/58/72 of Kashmir Affairs Division and is reproduced below : "As regards question of policy, I want that higher posts whether in the Provinces or Northern Regions or Azad Jammu & Kashmir should be filled up by officers drawn from all over Pakistan. This is in the interest of national integration. Xxxx xxxx xxxx xxxx (Sd.)
(ARDUL QAIYUM)
' Minister for Interior, States and Frontier Regions and Kashmir Affairs ' 12th March, 1973."
6. From the above decision, it is clear that the Appellant could not be promoted as Deputy Inspector-General of Police in the Northern Areas merely because he was the senior-most police officer in the Northern Areas. Government policy, in the interest of national integration, being to fill the higher posts in all the Provinces and other units of Pakistan by drawing officers from all over the country the Deputy Inspector-General of Police for the Northern Areas could be from any part of Pakistan, including the Northern Areas, but not necessarily from the Northern Areas. It is seen that on this occasion, when the post fell vacant in 1980, an officer from Karachi was first selected for appointment and, on his failure to report for duty another officer from the Punjab was promoted and appointed against the post. It is not known whether the selection of these two officers was done on the basis of seniority and whether the case of the Appellant was also considered at that time. Neither the departmental representative nor the learned counsel for the State could clearly state the position. We, however, got the impression that the Appellant was not considered for appointment as Deputy Inspector-General of Police Northern Areas, for the simple reason that he himself belonged to the Northern Areas. If this impression is correct, we have no hesitation in observing that the interpretation put on the Government policy decision is not justified. While selection for the higher posts, whether in the Provinces or in the Northern Areas or in Azad Jammu and Kashmir, has to be made out of officers belonging to all parts of the country, it does not appear to be the intention of Government that officers belonging to the local region should be altogether excluded from consideration while making appointments to the said posts, as is clear from the very language of the minutes recorded by the Minister, although, it is understandable that, in the interest of national integration, the Government policy could be to fill the higher posts in different units with officers from others regions.
7. In view of this, it is felt that the post of Deputy Inspector-General of Police, Northern Areas, which is equivalent to the post of Inspector-General of Police in the Provinces should have been filled by the posting of a suitable officer from any part of Pakistan. Considering the importance of the post, a fairly senior officer was preferable. Whether the Appellant was senior enough, it was entirely for the competent authority to decide. If, however, the officers actually selected for the post, viz : the O.S.D. From Karachi and the Spud of Police from Sialkot, were not senior to the Appellant the decision to post them in preference to the Appellant could be justified, only if it were taken after considering the claim of the Appellant also and finding him unsuitable. If, however, the appellant was found suitable and, in view of the importance of the posting, it was felt that a more senior officer from outside would be preferable, he could have been brought in as Deputy Inspector- General of Police, without ignoring the Appellant's claim for promotion, which could have been met by promoting and posting him outside the Northern Areas. In this way, both the claims of national intergration and the service interests of the Appellant would have been properly adjusted and harmonized.
8. It was stated on behalf of Respondent No. 1 that the question of promotion of the Appellant to Grade 19 (DIG rank) had already been taken up by them with the Estt. Division and a decision were expected in the near future. In view of the fact that the post of D.I.G. Northern Areas fell vacant almost exactly two years ago and the Appellant, who had already put in over 8 years of service as Supdt. Of Police by that time should have been considered for promotion even then, it is felt that, in order to provide legitimate protection to the seniority of the Appellant as a Supdt. Of Police, that matter should not be delayed any further and a decision is taken as quickly as possible. The departmental representative assured us that the case was being pursued vigorously. We are of the view that, since the Appellant has already been made to wait quite some time, a time limit should be set for the purpose. We, accordingly, order that the matter may be finalized within a period of three months from the date of this order.
9. As regards the objection, raised on behalf of the Respondents, that the appeal is not maintainable in view of the proviso to subsection (2) of section 22 of the Civil Servants Act, 1973, we are satisfied that there is no merit in this objection. Subsection (2) of Section 22 of the Civil Servants Act, 1973, reads as under : "Where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggrieved by any such order may, within thirty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order ' Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade."
As is obvious from the above, what has been barred is representation pertaining to the question of fitness to hold a particular post or to be promoted to a higher post or grade. In the present case, the issue involved is not the fitness of the Appellant to be promoted as Deputy Inspector-General of Police, Northern Areas but by virtue of his seniority, his right to be considered for such promotion.
Since it has been alleged by the Appellant that he was not considered for promotion when the, post in question fell vacant and the point has not been denied or contested' on behalf of Respondents 1 and 2, we are satisfied that proviso to subsection (2) of section 22 of the Civil Servants Act, 1973 is not attracted and therefore, the present appeal does not stand barred by the said proviso.
10. With the above order, the appeal is partially accepted.
11. No order as to costs.