' 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 Cbief 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.
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)172, 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-EI, 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.
7. 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.
8. The factual position at that stage, therefore, was that Mian Wali 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 role 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.
' S. The appellant, a deputationist 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. Food; 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 (EPA DC) 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 WPADC were placed at the disposal of the WPADC who sanctioned the creation of a supernumerary post of Liaison Officer in the scale of Rs, 1,550-75-1,700100-2,000 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)172, 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. 1-5/8- FDFI, 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.