' S. ABDUL JABBAR KHAN (CHATRMAN).-Ghulam Rasool Zahid, Chief Officer, Municipal Committee, Sadiqabad District Rahimyar Khan, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, against the order dated 29th January, 1979 passed by the respondent whereby the services of the appellant have been terminated. He has impleaded the Secretary to Government of the Punjab, Social Welfare and Rural Development Department, Lahore, as respondent.
2. By virtue of this he has prayed that the impugned order be set aside and he may be declared as confirmed in L. C. S. (Grade-16) w. e. f. 26th November, 1978 the date on which probationary period had expired. He has also made further prayer that he may be assigned due seniority in L. C. S. (Grade 16) keeping in view the date of his continuous appointment in the cadre.
3. Brief facts of the case are that the appellant was appointed in Grade-16 of the Local Councils Service (Administration Branch) and posted as Chief Officer, Municipal Committee, Sadiqabad, District Rahimyar Khan, vide Order No, L. C. S. (Admn) 8 (2)/76 dated 26th November, 1976. The respondent issued Order No, L. C. S. (Admn.) 1 (63)/76, dated 29th January, 1979 whereby the services of the appellant were terminated without assigning any reason. Aggrieved against the said order, the appellant instituted a civil suit in the Court of Senior Civil Judge, Rahimyar Khan, seeking a declaration to the effect that the order dated 29th January, 1979 passed by the respondent whereby the services of the appellant were terminated, was illegal and void and as such in. Effective on his rights to continue in service as a member of Local Councils Service (Grade- 16). He also sought temporary injunction from the said Court. The Court vide its elaborate and detailed judgment dated 3rd April, 1979 issued injunction in his favour against the respondent. The respondent Government aggrieved against the said injunction filed an appeal before the District Judge, Rahimyar Khan, who vide his judgment, dated 26th March, 1980 maintained the order of trial Court by observing that the Court was within the four corners of law in granting the stay. However, the matter did not end there and the Provincial Qovernment, once again went into a civil revision before the Lahore High.
3. Brief facts of the case are that the appellant was appointed as Lecturer in N.P.S -17 Collegiate Branch Men/Women Section, on ad hoc basis for the period of one year till the availability of a selectee of Punjab Public Service Commission whichever was earlier. The terms and conditions of his services communicated to him through Directorate of Education (Colleges) Bahawalpur Division, Bahawalpur, order dated 19th October, 1982, were as under :- "Liable to termination at any time, even within the period specified in (i) above on one week's notice or by surrendering one week's pay (including allowances if any) in lieu thereof without assigning any reason from either side."
' His tenure was further extended again on ad hoc basis by the Governor of the Punjab vide notification dated 1st August, 1984. However, on 15th October, 1984, the Director of Education (Colleges) Bahawalpur Division, Bahawalpur, terminated the services of the appellant as per clause (iii) of the terms and conditions of his appointment letter No, 1/7-82/7527/ CA/I, dated 19th October, 1982. Hence this appeal.
4. The appellant has argued his case before us and submitted that the order of respondent No, 1 dated 15th October, 1984, was against law and facts and was liable to be set aside. According to the appellant the competent authority under Rule 6 of the Punjab Civil Servants (Appointment and conditions of service) Rules, 1974 in matter of appointment and termination in respect of post in Basic Pay Scale 16 and above was the Governor. He has alleged mala fide against the Director of Education for issuing the impugned order.
5. We have perused all the notifications appended by the appellant with his appeal and find that the appellant has got no case at all on merits because the terms and conditions of his service fully laid down that his post was liable to termination at any time even within the period specified in (1) above on one week's notice or by surrendering one week's pay (including allowances if any) in lieu thereof without assigning any reason from either side. Even the first appointment order clearly indicates that the appointment of the appellant was on ad hoc basis for a period of one year till the availability of selectee of the Public Service Commission. This being so the appellant accepted the job without any demur on the conditions so offered to him. The impugned order of the Director Education (Colleges) Bahawalpur can neither be called perverse nor unjustified because the Director Education (Colleges) Bahawalpur has relied or. Clause (iii) of the terms and conditions of his appointment order and has simply terminated his services w,e,f, 24th October, 1984 considering the period from 16th October, 1984 to 23rd October, 1983 as one week's notice. The plea of the appellant that the Director was not competent to terminate his services, is also without any foundation, as in-fact the appointment letter by which he was inducted into service was issued by the said authority and none else. In this way his plea that only Governor could terminate his services, is also without any foundation.
6. Resultantly the appeal in dismissed in liniine as being without any merit.
Appeal dismissed.
1985 PLC (C. S.) 858 [Service Tribunal Federal] Present Shah Abdur Rashid, Chairman and Chaudhry A. Rahman Khan, Member MIAN WALT MUHMMAD versus SECRETARY, MINISTRY OF FOOD AND AGRICULTURE AND 2 OTHERS Appeal No, 679 (L) of 1982, decided on 14th May, 1985.
Civil service- -- Seniority-Officer of West Pakistan Agriculture Development Corporation appointed as Private Secretary to Federal Minister and subsequently temporarily working as Deputy Director in Directorate General of Food-Establishment Division deciding that he was to revert back to his parent office-Prior to posting as Private Secretary to Federal Minister, he was serving in WPADC Headquarters but looking after Shandab Pilot Project and all staff thereof transferred to Punjab Government-Such officer, in circumstances, held, not a member of Federal Government and only a deputationist from Punjab Government hence not entitled to a position in seniority list of Federal Government Officer vis-a-vis those WPADA officers absorbed in Federal Government. [p. 861)4 J. V. Gardener for Appellant.
Hap Tariq Naseem for Respondent No, 1.
Ch. Mushtaq Masood for Respondent No, 2.
Mohsin Rizvi and Mahmoodul Hassan for Respondent No, 3.
Dates of hearing : 23rd and 24th April, 1985.
' A. RAHMAN KHAN (MEMBER).-The appellant, Mian Wali Muhammad, Deputy Director has appealed against the decision of the Government of Pakistan to disturb his position in the seniority list of the Deputy Directors, to declare the appellant surplus and to ask the Government of the Punjab to take the appellant on the list of surplus pool with that Government vide Federal Directorate of Fert.
Import, Government of Pakistan, Lahore's letter No, FDFI/Estt/PF/82/2630, dated the 31st May, 1982.
The appellant (Mian Wali Muhammad) was employed in the West Pakistan Agricultural Development Corporation (WPADC) since 1st February, 1962. The last appointment held by the appellant in the defunct organization (WPADC) was that of an Assistant Director (Grade 17) on regular basis. However, in January, 1972, the President and Chief Martial Law Administrator decided to dissolve the WPADC. Formal legislation to this effect was promulgated in the form of West Pakistan Agricultural Development Corporation (Dissolution) Order, 1972 (President's Order No, 5 of 1972) on 7th February, 1972. Article 4 of this order contained provision for the transfer of officers and employees of WPADC to various authorities, including the Central Government, which was to succeed the Corporation on its dissolution.
2. At the time of dissolution of WPADC the appellant, as deposed by his learned counsel, was serving in the WPADC Headquarters but looking after Shandab Pilot Project of the WPADC.
According to the Gazette of Pakistan Extraordinary, S. R. O. 118(1)/72, published by Ministry of Food, Agriculture and Under-Developed Areas (Agriculture Wing), Islamabad on 12th February, 1972 the Projects/undertakings of WPADC were handed over to various Provinces and the Centre. All the personnel working with the Shandab Pilot Project were supposed to be transferred to the Headquarters of the Administrator, WPADC. This nucleus WPADC Headquarters was also, however, later transferred to the Government of the Punjab by order dated 9th January, 1973. While all these changes were underway, the services of the appellant were requisitioned by the Ministry of Food and Agriculture (Agriculture Wing) MINFA with effect from 1st May, 1972 vide Gazette Notification No, F. 3-1/72-El, dated 15th July, 1972 to be appointed as Private Secretary to the Minister. The learned counsel for the appellant, therefore, argued that he entered into the service of the Federal Government with effect from 1st May, 1972. Therefore, his seniority in the Federal Government should be reckoned from the same date.
3. Syed Mohsin Rizvi, respondent No, 2, was also the employee of WPADC and serving in the supply Wing of the Organization as an Assistant Director at the time of the dissolution. According to the Gazette of Pakistan Extraordinary dated 12th February, 1972 as referred above, the Supply Wing of the WPADC alongwith Purchase and Shipping Division at Karachi was transferred to the Ministry of Food, Agriculture and Under-Developed Areas (Agriculture Wing), Islamabad. Therefore, Syed Mohsin Rizvi entered into the service of the Federal Government vide the Gazette of Pakistan Extraordinary, as referred above, to be effective from 1st July, 1972.
4. The factual position at that stage, therefore, was that Mian Wall Muhammad, the appellant, was serving as Private Secretary to the Minister of Food and Agriculture, a tenure job, on deputation while his name was borne on the roll of Shandab Pilat Project which had since become the responsibility of the Government of the Punjab as stated in para. 2 above. Simultaneously, Syed Mohsin Rizvi, Respondent No, 2, being on the roll of the Supply Wing of the WPADC became the employee of the Central Government with effect from 1st July, 1972. The appellant, while serving as Private Secretary to the Minister, tried to get himself adjusted in the Supply Wing of MINFA, but apparently, in spite of the best efforts of the Minister of Food and Agriculture no firm decision was taken. During this period, the appellant remained fully aware that his name was on the surplus pool of the Government of Punjab. This fact is also stated in D.
0. Letter No, AFM/K/3193-94, dated 31st July, 1972. Meanwhile, Syed Mohsin Rizvi, respondent No, 2, was promoted as a Deputy Director on ad-hoc basis with effect from 5th of April, 1973 vide No, AS0.1001-E(I)/72/2886-90, with retrospective effect from 1st July, 1972,
5. The appellant, a deputation from the Province of Punjab, who was still serving as Private Secretary to the Minister of Food and Agriculture, represented against the promotion of Syed Mohsin Rizvi, Respondent No, 2, considering himself senior to Respondent No, 2 and requested to be promoted as Deputy Director with effect from the same date as respondent No,
2. As a result of a good deal of correspondence on the subject without involving the Establishment Division, the appellant was transferred to work against a temporary post of Deputy Director in the Directorate- General of Food at Karachi vide Food, Agriculture and Under-Developed Areas Division (Food Wing)
Notification No, F. 2(156)/ 73-E-I, dated 5th July, 1973 where he served upto 14th May, 1974. The appellant was reverted back to the Agricultural Supplies Organization vide Ministry of Food and Agriculture (Food Wing) Notification No, F. 2(156)/73-E. I., dated 28th February, 1974 because the Establishment Division did not agree to allow the appellant to continue as Deputy Director in the D.
G. Foods Karachi, vide notification referred above. The appellant was to revert back to General Manager, Federal Directorate of Agriculture, Supply Wing. This, in fact, is the first time that the Establishment Division asserted itself in the case of the appellant and by virtue of this Gazette Notification the appellant cannot be said to have entered the Service of Federal Government. Uptil now the appellant was merely struggling to enter the Federal Service without any positive result. Till the publication of this Notification the appellant at best could be treated as a deputationist, firstly as Private Secretary to the Minister of Food and Agriculture and later as a Deputy Director on temporary basis in the office of the Director-General, Food, Karachi.
6. Mir Asadullah, Respondent No, 3, who was originally an employee of the East Pakistan Agricultural Development Corporation (EPADC) was serving at Karachi as Liaison Officer with the Imports and Shipping Wing WPADC in Grade-19 with effect from 18th May, 1971. However, in view of the extraordinary circumstances that prevailed in the country the services of respondent No, 3 an ex- employee of EPADC were placed at the disposal of the WPADC who sanctioned the creation of a supernumerary post of Liaison Officer in the scale of Rs, 1,550-75-1,700 100-2,000 at the Directorate of Purchase and Shipping, Karachi under WPADC with effect from 1st November, 1971 vide his letter No, I/ADC/ 2-103/72/812. This grade of pay corresponded with Grade-19. Since the Supply Wing alongwith the Directorate Purchase and Shipping Division at Karachi was transferred to the MINFA vide Government of Pakistan Extraordinary Notification No, S. R.
0. 118(1)/72, dated, 12th February, 1972, Mir Asadullah, respondent No, 3, is deemed to have entered in the service of Federal Government with effect from 1st July, 1972. Since respondent No, 3 has been holding higher grade i,e, Grade-19 as compared to the appellant as well as respondent No, 2, there should be no clash of seniority among them. The Respondent No, 3, Mir Asadullah stands senior to Respondent No, 2 as well as the appellant without any shadow of doubt.
7. There are a number of provisional seniority lists issued both by the Ministry of Food and Agriculture and the Establishment Division from time to time. However, the provisional seniority list issued by the Ministry of Food and Agriculture of the Deputy Directors vide their No, F. 1-5/8FDFI, dated the 27th May, 1982 is considered final in view of the facts given above. We consider Respondent No, 3, Mir Asadullah, as senior Deputy Director followed by respondent No, 2, Syed Mohsin Rizvi. We agree with the views of the Establishment Division as far as it relates to the name of the appellant, Mian Wali Muhammad, being withdrawn from the seniority list and conveyed to the appellant vide FDFI, Government of Pakistan, Lahore's letter No, FDFI/Estt/PF/82/2830, dated the 31st May, 1982. The appellant, Mian Wali Muhammad. Was not considered to have entered into the service of Federal Government by the Establishment Division. The decisions/assurances given to the appellant in this regard by MINFA remained invalid as these were not notified in the Gazette of Pakistan through the Establishment Division. We do agree with the decision of the Establishment Division that the name of the appellant should be withdrawn from the seniority list even at this belated stage and his services be placed at the disposal of the Government of the Punjab in the surplus pool. We do not consider the appellant, Mian Wali Muhammad, as a member of the Federal Government. We consider the appellant as a deputationist from the Government of the Punjab throughout the period of his service in the Central Government.
8. We consider that the appellant should, however, be allowed to continue to serve as a deputationist in the Federal Government in his present job while his services be placed at the surplus pool of the Government of the Punjab as decided by Establishment Division. The reversion of the appellant to Government of the Punjab be effected only when they decide to absorb the appellant appropriately according to the rules and his present status.
9. No order as to costs.