' S. ABDUL JABBAR KHAN (CHAIRMAN).-Nek Muhammad Ropaal has filed his appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the Government of Punjab through the Secretary Co-operatives, Lahore, the Secretary, Government of Punjnb, Co-operative Department, Lahore, and Mr. Hameed Ahmad, Deputy Registrar (Farming), Office of the Registrar, Co-operative Societies, Punjab Lahore as respondents.
2. By virtue of this appeal, the appellant has prayed that the impugned orders, dated 12th October, 1983 and 21st December, 1983 be declared as having been passed without lawful authority and of no legal fact. It has been further prayed that the appellant be declared senior to respondent No, 3.
3. Brief facts of the case are that the appellant and respondent No, 3 were selected as candidates for the posts of Assistant Registrars, Co-operatives Societies on the recommendations of the Public Service Commission in the year 1960. The said Public Service Commission assigned a senior position to the appellant vis-a-vis respondent No, 1 After successful completion of training commencing 16th June, 1960 and after passing the departmental examination, the appellant and respondent No, 3 were appointed as Assistant Registrars, Co-operative Societies (Grade-16) with effect from 1st July, 1962 and were subsequently confirmed as such with effect from the same date i. e. 1st July, 1962. Both of them were further promoted as Deputy Registrars w e.f. 5th August, 1969 and 29th December, 1969 respectively. However, these postings were made on ad hoc basis. It will be useful to mention here that the appellant remained in Lahore Region whereas the respondent No,
3. Hameed Ahmad was allocated to Multan. The appellant was promoted as Deputy Registrar, Co-operative Societies in Class-I on ad hoc basis from Lahore Region on 5th August, 1969. The promotion to Class I was to be made according to the Regional representation of cycle of 25 prescribed posts on 25th November, 1966 under the West Pakistan, Co-operative Societies Service Rules, 1963. In the year 1972 the case for promotion of the appellant to the post of Deputy Registrar was submitted to the Commission but a as his record was not considered good, therefore, the Commission declined to recommend him. The appellant made a representation against the same and the matter was once again referred to the Public Service Commission but the said Commission expressed their inability to change its advice as contained in their letter dated 16th May, 1972 which apprehended his revision. The appellant filed a civil suit but later on he withdrew the same. To settle this controversy, the matter was referred to the Chief Minister of the Punjab for ultimate decision, who upheld the advice of the Punjab Public Service Commission regarding the appellant's unsuitability for regular promotion. He directed that the appellant should be reverted from the post of Deputy Registrar, Co-operative Societies to that of Assistant Registrar, Co- operative Societies with immediate effect. Despite this situation the appellant was, however, not reverted and kept on working on ad hoc basis. Ultimately in 1976 he was regularly promoted as Deputy Registrar on the recommendations of the Departmental Promotion Committee.
4. On the other hand, the respondent No, 3 Hameed Ahmed, who was initially appointed as Assistant Registrar, Co-operative Societies alongwith the appellant, was allocated to Multan Region. His name was recommended for promotion to the post of Deputy Registrar, Co-operative Societies in the first cycle of 25 posts and the West Pakistan Public Service Commission after seeing his record approved his promotion vide letter, dated 30th June, 1970. In the light of the given facts, it is also mentioned here that the appellant, Nek Muhammad Ropaal was being shown senior to the respondent No, 3 all along till the respondent No, 3 had tiled an appeal/representation against this situation. The Secretary to Government of the Punjab, Co-operative Department looking into the representation of the respondent No, 3 found that his grievance was justified as he was a regular promotee to the post of Deputy Registrar since 1970, whereas the appellant was promoted in the year 1976, he upset the seniority vide notification, dated 12th October, 1983, and declared the respondent No, 3 as senior. However, a notification was issued in the name of the Governor by Abdal Majid, Secretary, Government of the Punjab, Co-operative Department on 25th September, 1980, by which the appellant Mr. Nek Muhammad Ropaal was promoted in the Grade-19, w,e,f, 17th September, 1980, on the following conditions :-
(I) These are on temporary basis and in officiating capacity and the officers are liable to reversion at any time on repatriation of permanent incumbents or on the abolition of the posts.
(2) They will have to revert to the lower post in case seniority list of Assistant Registrars, Co- operative Societies is disturbed as a result of Civil Servants (Appellate) Tribunal's decision or any other decision at any stage.
(3) Their inter se seniority in the grade of Deputy Registrar, will be the same as in the grade of Assistant Registrar.
5. The appellant filed a representation against the order of Secretary to Government of the Punjab, Co-operative Department, dated 12th October, 1983, by which the seniority was upset and the respondent No, 3 was declared senior to him through a representation to the Governor of the Punjab. The Governor of the Punjab wag pleased to order and directed the Secretary of the Department to process/dispose of the case. Hence this appeal.
6. We have heard the learned counsel for the appellant as well as the learned District Attorney alongwith the learned counsel for the respondent No, 3 and have perused the entire record of this case carefully with their assistance. Lengthy arguments were advanced by both the parties with regard to the merits of their case and after giving our anxious thought to the same, we are of the considered opinion that the representation of the appellant which was made to the Worthy Governor and was forwarded to the Secretary, Government of the Punjab Co-operative Department for process/disposal, should have been put up before the said authority as the Notification, dated 25th September, 1980 was to be taken into consideration vis-a-vis the merits of the respondent's case. We are, therefore, of the confirmed view that as the appellant was holding a Grade-19 post, which demanded that his representation should have been processed and submitted to the Governor in view of his Notification, dated 25th September, 1980 issued particularly with a condition No, 3 laid down in the same. Therefore, without going into the merits of this case vis-a-vis the claim of the appellant as well as the respondents, we dispose of this appeal with the directions that decision of the Governor be obtained on the said representation, which has now been disposed of at the Secretary level.