' S. ABDUL JABBAR KHAN (CHAIRMAN).--Messrs Mumtaz Hussain Falak and Riaz Ahmed, have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974 in which both the appellants have impleaded the Director of Public instructions (S), Punjab, Lahore, Director of Education(S), Sargodha, Division, Sargodha Deputy Director (Admn. Male) Directorate of Education(S), Sargodha Division, Sargodha and Director of Education(S), Faisalabad Division, Faisalabad, as respondents.
2. By virtue of these appeals they have prayed that the appellants be declared to be continuing in service as Superintendents without there being any break.
3. As the point of law as well as the facts involved in these appeals are identical in nature, she will dispose of the same by our this single judgment.
4. Brief facts of the case are that the appellants joined service, w,e,f, 28-9-1954 and 2-7-1953, respectively as Junior Clerks in the Education Department. They rose to the rank of Assistants and were appointed as such, w,e,f, 15-11-1973. The appellants were approved by the Departmental Promotion Committee on 31-5-1982, according to the seniority-cum-fitness and consequently were ordered to be promoted, vide Order No, 7/4SA(82)/21265, dated 1-6-1982, issued by the respondent No,
4. Due to the said promotion order the appellants were promoted as Superintendents and posted in the office of the Director of Education(S), Sargodha Division, Sargodha. However, the said promotion order was withdrawn on the ground that the strength of the posts has been decreased by the Government. Respondent No, 2 wrote two D.Os. Letters, dated 31-10-1982 and 15-12-1982, addressed to the Director, Public Instruction (S), Punjab, Lahore, with the request that the vacant posts of Superintendents, which were to be transferred to the Directorate of Faisalabad, may be allowed to be filled in by promotion on merits, with immediate effect. Vide Order No,7/2-SA/82/ Admn.I-40017, dated 18-12-1982 the competent authority of the appellants, namely, Deputy Qirector (Admn. Male), respondent No, 3 issued order of promotion of the appellant as Superintendents in the Directorate of Education (Schools), Sargodha, Division, Sargodha w,e,f, 15-11-1982. Letter, dated 14-12-1982 of the respondent No, 1 addressed to all the Directors of Education (Schools) was received in the office of the Director of Education, Sargodha Division, Sargodha with diary No, 929/82, dated 18-12-1982. In this letter options were invited from those officers who were surplus and were prepared to serve Directorate of Education (Schools)
Faisalabad, Division, Faisalabad. Accordingly the appellants were ordered to be posted in the Directorate of Education, Faisalabad Division, Faisalabad w,e,f, 1-12-1982, against the posts created by the Education Department of the Government, Punjab, under their Letter No, Edu-BAO-XI-9/81, dated 30-11-1982. The appellants were relieved from their duties from the Directorate of Education (Schools), Sargodha Division, Sargodha on 27-12-1982, and joined as such in the Directorate of Education (S), Faisalabad, w,e,f, 28-12-1982. L.P.C. Of the appellants were issued by the Directorate of Education(S), Sargodha Division. When the appellants were working as such in Faisalabad Division, the respondent No, 2 i,e, Director of Education(S), Sargodha Division, Sargodha passed an order, dated 1-2-1983 to the effect that in compliance with the instructions issued by the Director, Public Instruction (S), Punjab, Lahore, under his Memo. No, 1/6-Estt82/294/E-I, dated 19-1-1983, the promotion orders issued under the office Nos, 7/2-SA/82/Admn. 1/40012 and 7/2-SA/82/Admn.
1/40017, dated 18-12-1982 of Mr. Riaz Ahmad and Mr. Mumtaz Hussain Falak, working under the administrative control of the Director of Education (Schools), ' Faisalabad Division, Faisalabad, be held in abeyance for the time being.' On the receipt of the said letter, the appellants were relieved from their duties, w,e,f, 8-2-1983 (F.N.) and were directed to report for duty to Director of Education(S), Sargodha Division, Sargodha, for further adjustment as their orders of promotion to the post of Superintendents had been held in abeyance. Against this order of abeyance, they have come to this Tribunal.
5. While the appeals were pending before us, another order, dated 10-4-1983, was passed by the Deputy Director (Admn.), Directorate of Education(S), Sargodha Division, Sargodha, whereby in pursuance of the instructions contained in the Directorate of Public Instruction Lahore, dated 10-3- 1983, the Promotions of M/s. Riaz Ahmad and Mumtaz Hussain Falak as contained in office order, dated 18-12-1982 were cancelled. On the cancellation of these orders, the appellants moved applications for amendment of their appeals, copies of which were supplied to the learned District Attorney to file reply thereof.
6. Learned counsel for the appellants has submitted that the earlier order of abeyance, passed by the Director Education(S), Sargodha Division, Sargodha, was passed, without jurisdiction as at the relevant time, the appellants were working in Faisalabad Division. It has been urged that the said order was passed by not applying independent mind but on the instructions of the Director of Public Instruction, Lahore, who in fact was the appellate authority of the appellants. It has been further submitted that the appellants could not be reverted by the impugned orders as they were promoted on regular basis, on the recommendation of the Departmental Promotion Committee and as such should be declared as regular incumbents of the posts of Superintendents.
7. On the other hand learned District Attorney has submitted without controverting the facts of the case that the appellants should have moved the Secretary, Education Punjab, in case they considered that the impugned orders were passed on the instructions of the Director Public Instruction and were not the result of independent mind of the Director of Education (S), Sargodha.
In this manner, it has been pleaded that this was a case in which the appellants should first exhaust the remedy so provided to them under the law and then come to this A Tribunal for final adjudication of their rights.
8. Keeping in view the entire history of these oases and without going on merits, we forward these appeals, to the Secretary, Education Punjab, for looking into the merits as per on the record.
However, the appellants are also directed to file independent representations to the Secretary, Education Punjab, for redress of their grievance.
9. Resultantly the appeals are disposed of and the copy of the judgment alongwith grounds of appeals are forwarded to the Secretary to Government of the Punjab, Education Department, Lahore, for final disposal of the case. There will be no order as to costs.