CH. A. RAHMAN -KHAN (MEMBER).--This appeal is preferred by Mfrs. Amatul Karim, Lecturer, F.G.
Margalla College for Women, P, 7/4, Islamabad, against the impugned order No.F. 5-8/78 (CA)- DFGEI, dated the 7th November, 1983, Government of Pakistan, Directorate of Federal Government Educational Institutions.
2. The impugned order deals with the question of the appellant's absorption in the Federal Government Educational Institutions. The appellant was first appointed as a lecturer in the subject of English in the Cantt. Board College for Women, Wah Cantt., with effect from 17th November, 1969.
The teaching staff of the Cantt. Boards Educational Institution were brought at par with the pay, scales of Provincial Government employees with effect from 29th February, 1972. The Government of Pakistan decided to take over all the Educational Institutions managed by the Cantt. Boards with effect from 1st June, 1975. As a result all employees of these institutions became civil servants and were governed by the Civil Servants Act, 1973 vide Government of Pakistan letter No.F.l-9/75-C, dated the 26 May, 1975. Consequent upon this change the appellant was transferred compulsorily from the Cantt. Boards at Wah Cantt to Federal Government College for Women, Rawalpindi, on 6- 8-1975. The controlling Director of all Nationalised Educational Institutions at this time was known as Directorate of Nationalised Institution, Ministry of Education, Islamabad.
3. The appellant was again transferred compulsorily from Federal Government College for Women, Rawalpindi to Federal Government College for Women, Islamabad, vide Government of Pakistan, Directorate of Federal Government, Educational Institutions, Notification dated 12-3-1977 as appended below:-th "No.F.7-324/75-CA (DFGEI). Consequent upon her transfer from Federal Government College for Women, Rawalpindi Cantt. To Federal Government College for Women, Islamabad, Mrs. Amatual Karim was relieved to her duties in the former college on 28-2-1977 (afternoon) and has assumed the charge of post of lecturer in English in latter College on 1-3-1977 (F.N.)."
4. While the appellant was still serving in the above Institution the functioning of the .Directorate of Nationalised Institutions was bifurcated vide Government of Pakistan, Cabinet Division letter No. 104/57/77-Min-11, dated 10th September, 1977. By this order the control of the Ex-Cantt. Board Institutions was transferred to Director, Army Education, GHQ, Rawalpindi, whereas all other Educational Institutions remained under the control of Director of Federal Government Institutions.
The relevant extracts of the above letter are given below:- "Transfer of Control and Management of Educational Institutions.
With immediate effect all. The Cantonment and Garrison Schools and Colleges in Pakistan along with their teaching and administrative staff, will function under the full administrative and financial control and management of Director, Army Education, General Headquarters, Rawalpindi. The Director, Nationalised Institutions. Islamabad will relinquish the responsibility simultaneously, Director, Army Education GHQ will henceforth exercise full powers of posting, transfer, disciplinary & Administrative action etc. In respect of all categories of staff of these institutions.
Terms and Conditions of Service of the Transferred Staff.
The transferred staff referred to in sub paras 1 (a) and (b) above will continue to be governed by their present terms and conditions of service.
5. The learned counsel for the appellant argued that at this stage the appellant as stated above already stood transferred to Federal Government College for Women, Islamabad, where she continues to perform her duties to date. As there was no order to the contrary as a result of the bifurcation of the educational institutions the appellant considered herself to have been absorbed on the strength of the teaching staff of the Directorate of Federal Government Educational Institutions, Islamabad.
6. The learned counsel for the appellant further argued that it was evident from the Notification recorded in pare 3 above that there was no mention of the appellant having been transferred either temporarily or on deputation to Federal Government College for Women, Islamabad. The appellant continued to serve in her present job till 21st January, 1981. When suddenly after a lapse of about 4 years she received a letter No.F.5-8/78-CA, Government of Pakistan, Ministry of Education, dated 21st January, 1981, from respondent No.1 with a copy of another letter of even number dated the 8th December, 1980 (which was never received by the appellant). The extracts from the letter are given below:- "I am directed to say that you are basically an employee of the Army Directorate. You were transferred to the F.G. College for Women, Islamabad under the administrative orders of Director F.
G . E. I. , on 28-2-1977.
It is requested that you may kindly convey your willingness for absorption in the FGEI or reversion to your parent department."
In compliance of the instructions given in the letter cited above the appellant exercised her option and gave her willingness to be absorbed in the F G E I and not to be reverted back to the Directorate of Army Education, vide her application, dated 26th January, 1981. It may be noted here that at this stage there was 'no conditions' attached to her absorption in her present job.
7. In spite of the fact that the appellant exercised her option formally and requested to be absorbed in her present job, the case of the appellant's absorption in the Federal Government Educational Institutions remained undecided for another two years. Throughout this period the appellant remained under the impression that her case for absorption in the Federal Government Educational Institutions had been finally decided. However, being inquisitive the appellant gave an application, dated 1-6-1983 to find out her seniority as a result of the said absorption. Once again the appellant was surprised to receive a letter No.F. 5-8/78 (CA) DFGEI from the Government of Pakistan, Ministry of Education. The extracts of which are given below:- "I am directed to refer to your letter No.PF 6/82 (MCW)/853, dated the 1st June, 1983, on the above subject and to say that Mrs. Amatual Karim, Lecturer in English may be informed that:
(i) Her seniority will be counted in her previous department who are willing to accept her on their strength.
(ii) If she, however, wishes to stay in the present Institution on her own request then her seniority will be counted from the date of her absorption.
Her consent in favour of the points raised above may please be obtained and communicated to this Ministry so that further action in the matter may be taken accordingly.
This may please be treated as MOST URGENT."
In addition to the above, the conditions under which the Army Education Director agreed to accept her back vide their letter No.04/PF-/80-Edn-8 (CA), dated 5-1-1981, are given below:- "It is intimated that Mrs. Aamtual Karim is originally an employee of Army Education Department.
This Directorate has, therefore, no objection for her reversion to her parent department. However, in case of her reversion, she will be posted to Bannu or Kohat. Here it may be noted that as a matter of fact this was another way to convey to the appellant that she was not acceptable. There was simply no need to mention about her posting to Bannu or Kohat on reversion. This was an uncalled for and premature remarks, if at all, and an indirect indication to force her to decline reversion in view of her projected posting, where the appellant had never been posted earlier. The appellant, therefore, had no other choice but to request for her absorption in the Directorate of F.G.E.I. The appellant approached respondent No.1, vide her application, dated 20th September, 1983, but it was not agreed to by the competent authority vide their letter No.F. 5-8/78 (CA)/DFGEI, dated the 7 November, 1983.
8. The learned counsel also contended that this is an interesting case of a civil servant who remained on the strength of the teaching staff of more than one controlling authority without indicating the exact position. During the period of nationalisation of educational institutions and bifurcation of the control, the appellant was transferred not on her own request but unconditionally from one institution to another. All her transfers which took place during this period were not to adjust the appellant but to meet the service requirements. There is nothing on record to prove this contention otherwise. The concerned Directorates remained indifferent to decide her case of absorption and or reversion for years on end. The indifference of the respondent department is seriously bordering the state of rather undesirable working procedure, which has caused the appellant to remain in a stale of do-drum, as regard her position both in terms of absorption and seniority. Arbitrary decisions have been taken in this respect by the respondent department both in making the offer to the appellant to be absorbed unconditionally in her present job and also to be reverted back to Army Education Directorate. This has taken almost 7 years since her transfer to Federal Government College for Women, Islamabad during which she performed her duties satisfactorily. Under the latest letter ,Government of Pakistan, Ministry of Education No.F. 7-8/78 (CA)FDE, dated 21st August, 1984, even the offer previously made to her for absorption in the Federal Government Institution, has also been withdrawn. The relevant extracts below: - XXXXXXX XXXXX The communication of 8-12-1980, 21-1-1981, 22-6-1983 and 7-11-1983 in which she was asked to convey her willingness for absorption in the Federal Government Educational Institutions at Islamabad are hereby withdrawn.
9. Incidentally, the appellant happens to be the only one who was transferred from ex-Cantt. Board College for Women Wah Cantt, to Federal Government College for Women, Islamabad. The extractth of letter confirming this is given below:- "No.F. 5-8/78(CA)-DFE GOVERNMENT OF PAKISTAN FEDERAL DIRECTORATE OF EDUCATION Islamabad, the 18July, 1985 XXXXXXXX XXXX Mrs. Amatul Karim was the only Lecturer who joined on 1-3-1977 on transfer in the Federal Government College for Women, Islamabad. As such on the eve of bifurcation of the Directorate no other lecturer was due for transfer back to Federal Government Educational Institutions (Cantts & Garrison) Rawalpindi.
The important stage to arrive at an appropriate and immediate decision although almost four years too late existed when the appellant was given the first offer to be absorbed vide Government of Pakistan, Ministry of Education letter No. F. 5-8/78-(CA), dated the 21st January, 1981. The appellant could have been reverted back to Army Education Directorate without waiting. During this period there was no change of rules or further reorganization of the respondent department.
But, unfortunately the matter was kept pending for another two years or so. There was no plausible reason given to justify the delay in this regard. Rest of it is a story of arbitrary decisions one after the other i.e. Firstly making an offer to the appellant to be absorbed without any conditions and then changing it into a conditional offer i.e. To be absorbed with immediate effect and then withdrawing even the conditional offer of absorption altogether as given in the preceding paras.
10. The learned counsel for the State or the representative of the respondent department could not satisfy us. They could not argue the justification of the background of the arbitrary decisions taken one after the other as stated earlier.
11. It is our considered view that the appellant has a vested interest in her claim to be absorbed in the Federal Government Educational Institutions right from the day the appellant was declared a civil servant i.e. 1st June, 1975. The transfer of the appellant from Cantt. College Rawalpindi to Federal Government College for Women, Islamabad was ordered in the interest of service and not on her own request. The a delay that has occurred in deciding the case is undoubtedly not on account of the appellant's performance in any way. The arbitrary withdrawal of the initially unconditional offer to absorb the appellant in Federal Government Educational Institutions is unjustified. Any arbitrary decision in this regard is considered against the principles of fairplay and justice.
12. Ordinarily, we consider that the appellant could have been reverted back at the time when it was first detected in 1981 that she was still an employee of the Army Education Directorate. In our opinion at that stage there was just no need at all to make an offer to the appellant whether she would like to be absorbed against her present post in FGEI or reverted back to Army Education Directorate. We strongly feel that the respondent department is duty bound now to honour their commitment. We, however, do not agree that the appellant has any legitimate claim to the service, she has rendered before, she was declared a civil servant.
13. In view of the above discussion, we, therefore, accept the appeal. The appellant be absorbed in the Federal Government Educational Institutions with full benefits of seniority, pay and promotion, etc. With effect from 1st June, 1975 the date she was declared a civil servant and order accordingly.
14. Parties be informed. 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.