MALIK ZAWWAR HUSSAIN (MEMBER).-Ghulam Qadir and Sardar Ali Saleem, Forester/Block Officers, Bhakkar Division have filed this Appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which they have Impleaded the Conservator of Forest, Sargodha Circle, Sargodha and the Divisional Forest Officer, Bhakkar Division, Bhakkar as respondents. By virtue of this appeal they have prayed that the impugned order dated 21-11-1982 be set aside and they be held entitled to work against the posts of Foresters in Bhakkar Division.
2. Brief facts of the case are that the appellants were appointed as Forest Guards in the year 1962 in Bhakkar Division. In a meeting of a Departmental Promotion Committee they were interviewed and approved for promotion but were kept on waiting list to be promoted and adjusted as Forester on the occurrence of any vacancy This order of selection for promotion as Foresters was issued by the Divisional Forest Officer, Bhakkar vide his office order dated 15-10-1981. However, they were pro-- moted as Foresters vide D.F.O.'s Office Order No. 93/13, dated 16-3-1982 with effect from 4-3-1982 against the existing vacancies which occurred due to transfer of Messrs Kifait-Ullah and Safdar Ali Shah, Foresters. However they were reverted to the lower substantive rank of Forest Guards due to re--patriation of Foresters from Development and Working Plan Circle, Lahore vide Office Order dated 21st November 1982 which is impugned before us. Hence this appeal.
3. We have heard the parties. It has been argued on behalf of the appellants that the appellants were promoted as Foresters in the prescrib--ed manner and they could not be reverted to their lower rank of Forest Guards without adopting the procedure laid down in the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. It has further been argued that the orders of their promotion were issued implemented and acted upon and as such no locus poenitentiae was left with the respondent Divisional Forest Officer, to withdraw the same. On the other hand the learned District Attorney has controverted these arguments and has submitted that the appellants were never appointed as Foresters against clear vacancies but were only adjusted on a purely temporary basis and as stopgap arrange--ments to fill in the vacancies caused due to transfer of Messrs Kifait-Ullah and Safdar Ali Shah Foresters. As they came back to the parent Division so the appellants were reverted according to the terms and conditions of their orders of promotion. It has further been argued that the order of the Divisional Forest Officer has been passed in accordance with the law.
4. We have given our anxious thoughts to the arguments of the parties and have perused the record. The crucial issue to be decided by us is that whether the appellants were promoted as Foresters against regular vacancies and whether the Divisional Forest Officer could withdraw the order of their promotion after its implementation. To decide this issue it would be appropriate to reproduce the order dated 16th March 1982, by virtue of which these appellants were promoted :- "M/s. Sardar Ali Saleem Forest Guard and Ghulam Qadir Forest Guard were selected for promotion to the rank of Forester by the Departmental Selection Committee for this Division in the meeting held on 15-10-1981, and kept in waiting list as per Office Order No. 46 dated 15-10-1981. Both of them are now promoted to the rank of Forester with effect from 4-3-1982 against the existing vacancies of Foresters which were caused due to transfer of M/s. Kifait Ullah and Safdar Ali Shah Foresters.
Their promotion is just a stop--gap arrangement and purely temporary. They will revert to the sub- -stantive rank of Forest Guard as soon as the vacancy seizes to exist or any of the Forester reports allocated to this Division from other Division. They have no right to seniority due to this promo--tion.
In addition they would be governed by the usual service conditions of Service Rules, 1975 as long as they continue in service as Foresters."
Thus, it is clear that the appellants were promoted purely on temporary basis and as a measure on stopgap arrangement. The Divisional Forest Officer had reserved his right to revert them to their lower rank of Forest Guards no sooner the vacancies cease to exist or if any of the Foresters re-- ported back to their parent Division. We may also observe that this promo--tion was not a promotion on a regular basis; because had, it been the Divisional Forest Officer could not have mentioned in the promotion order that the appellants would have no right to seniority on account of this promotion order. Now we have to see the circumstances in which the appellants were reverted. For this purpose it has been deemed convenient to reproduce the impugned order dated 21-11-1982 passed by the Divisio--nal Forest Officer: M/s. Sardar Ali Saleem and Ghulam, Qadir, Forest Guards promoted to the rank of Foresters vide Office Order No. 93/B, dated 16-3-1982 with effect from 4-3-1982 on stopgap arrangements are hereby reverted to their substantive rank of Forest Guards due to repatriation of the Forester from Development and Working Plan Circle, Lahore and transfer of one Forester from Rawalpindi Circle, with effect from the date noted against each.
5. Thus it is clear that the appellants were reverted in the exigencies o service when the Foresters belonging to Bhakkar Forest Division had been repatriated to their parent Circle. In view of this matter we hold that the Divisional Forest Officer was fully competent to issue the impugned order.
6. In view of the above analysis of the case we hold that there are no merit in this appeal which is dismissed. There will be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.