ABDUL HAMID CHAUDHRY (MEMBER).--Mrs. Ulfat Rashid, Assistant Bacteriologist, Health Department has made this appeal under section 4 of the Punjab Service Tribunal Act, 1974 wherein she has impleaded as respondents to the Secretary to Government of the Punjab, Health Department, Lahore and Secretary to Government of the Punjab, Finance Department.
2. By virtue of this, appeal the appellant has prayed that the impugned order, dated 7-10-1982/17- 11-1982 be set aside, and appellant be awarded N.P.S. No. 17 with effect from 12-5-1980.
3. Brief facts of the case are that the appellant was appointed as Assistant Bacteriologist in N.P.S. 16 in the Drugs Testing Laboratory Punjab, Lahore in the year 1980 on ad hoc basis. The Punjab Public Service Commission advertised the post of Assistant Bacteriologist for which M.Sc. (Micro biology) was prescribed as minimum qualification. As the appellant fulfilled these qualifications and the prescribed experience she was selected and recommended by the Punjab Public Service Commission for appointment to the said post. Accordingly she was appointed in the said post on regular basis in the Drugs Testing Laboratory, Lahore. The post of Assistant Bacteriologist was created by the former West Pakistan Government in the year 1968 for the said Laboratory. Similarly posts of Assistant Pharmaceutical Chemist and Biochemist were also sanctioned for this Laboratory. For these posts the minimum qualification of M.Sc/B. Pharm was prescribed. In the year 1969, Punjab Government as a matter of policy upgraded all the posts requiring the appointments of Medical Graduates to Class I (Jr). As a result of said policy the post of Assistant Bacteriologist was also to be upgraded to Class I (Jr). Somehow or the other the posts of Assistant Bacteriologist, Assistant Pharmaceutical Chemist and Biochemist sanctioned for the above Institution were not treated to have been upgraded. The matter was taken up in the Finance Department. Hence the post of Biochemist and Assistant Pharmaceutical Chemist in the Drug Testing Laboratory carrying the qualification of M . Sc. / B . Pharm were upgraded from N.P.S. 16 to N.P.S. 17 in the year 1980. In the meanwhile the post of Assistant Bacteriologist remained vacant, hence the case of upgrading of this post remained dormant. As soon as the post was filled up, the matter was taken up for upgradation of this post by the Director Health Services, Punjab Lahore, with the Secretary to Government of the Punjab, Health Department. A proposal was submitted by the Health Department for upgradation of this post from N.P,S. 16 to N.P.S. 17 to the Finance Department, Government of the Punjab. The Finance Department, however, did not agree with the recommendation of the Health Department and rejected the same. This decision was conveyed by Secretary to Government of the Punjab, Health Department to the Director Health Services, Punjab vide letter, dated 7-10-1982. Hence this appeal.
4. We have heard the parties. The learned counsel for the appellant has argued that as a matter of policy, the Punjab Government, has upgraded all the posts requiring the appointments of Medical Graduates to Class I (Jr.) and also the Finance Department has already allowed the upgradation of post of Biochemist and Assistant Pharmacutical Chemist in the Drug Testing Laboratory on the basis of the qualification of M.Sc/B. Pharm respectively, from N.P.S. 16 to N.P.S. 17 and as the post of Assistant Bacteriologist has also the qualification of M.Sc. (Micro biology), hence there is every justification for upgradation of this post from N.P.S. 16 to N.P.S. 17. It was further pointed out by the learned counsel for the appellant that this is an act of discrimination in not allowing the upgradation of post of Assistant Bacteriologist when the other similar posts having the similar qualifications mentioned above were upgraded. He has prayed that directions be issued, accordingly, to upgrade this post. The learned counsel for the appellant has also relied upon two judgments i.e. 1983 SCMR 34 and PLD (sic) SC 126 in this behalf.
5. Controverting the above arguments, the learned District Attorney has submitted that the proposal for upgradation of this post of Assistant Bacteriologist has already been considered by the Finance Department and as no justification for upgradation of this post was found, hence the Finance Department did not agree for the same.
6. We have given our anxious thoughts of the arguments of the parties and have also consulted the record with the assistance of the respondents. Record shows that the proposal was made by the Health Department, vide UC No. SO(P&P) 7-21/80, dated 18-7-1982, to the Finance Department for upgradation of the post of Assistant Bacteriologist which reads as follows:- "P.U.C. Is from the D.H.S. Punjab, Lahore regarding upgradation of the post of Assistant Bacteriologist from N.P.S. 16 to 17 in the D.T.L. Punjab, Lahore. The D.H.S. Has stated that the post of Assistant Bacteriologist was created by the Government for the D.T.I. Under Memorandum 'No. SO (Drugs)
MISC. 22/68, dated 4-4-1968. This post carries the pay scale of N.P.S. 16 and the qualification as M.Sc (Microbiology). The Government of the Punjab had upgraded all N.P.S. No. 16 posts carrying the qualification of M.S. To N.P.S. No. 17 all over the Province. Hence the post of Biochemist and Assistant Pharmaceutical Chemist in the D.T.L. Carrying the qualification of M.Sc. B. Harm: respectively have been upgraded from N.P.S. 16 to 17 under Government Memo. No. SOV (M) 6- 231/76(II), dated 17-5-1980 and No. FD. PC-14/33/78, dated 10-5-1980 respectively.
In view of the above facts it has now become necessary to remove the anamoly by upgrading the post of Assistant Bacteriolo--gist from N.P.S. No. 16 to N.P.S. 17 to bring it at par with the other posts carrying the same qualification. The Technical Officer working against the post of Assistant Bacteriologist at present hold the qualification of M.Sc. (Miscrobiology) and is running the Microbilogical Section independently, which is well-equipped to carry out Microbiological Assay of Antibiotics and sterility tests for inject-able and other pharmaceutical preparations. Accordingly, the nature of duties of this officer are highly technical.
In the light of the above, D.H.S. Punjab has made a request to upgrade the post of Assistant Bacteriologist from N.P.S. No. 16 to N.P.S. 17. As the request is genuine, we may approach Finance Department to accord necessary sanction to the upgrada--tion of this post and stated above Duplicate copy of the note is added below for use in F.D."
Perusal of the record of the Finance Department shows that this proposal of the Health Department was not examined properly and on merits. When this case was dealt in the Finance Department, it got mixed up with the General upgradation of the post of other Departments referred to the Finance Department. Thus, this case needs proper examination by the Finance Department, in view of the full justification and the recommendations made by the Health Department.
7. In vide of the above facts, we direct the Secretary to Government of the Punjab, Finance Department, to examine the case of upgradation of the post of Assistant Bacteriologist, from N.P.S. 16 to N.P.S. 17,1 on merits keeping in view, the similar cases of Bio-chemist and Assistant Pharmaceutical Chemist of the same institution, wherein upgradation to) N.P.S. 17 had already been allowed by the Punjab Finance Department, on the basis of similar qualifications as held by the appellant. The case shall be disposed of within one month from the date of issue of this judgment by the Punjab Finance Department. The appellant can revive this appeal, if she is not satisfied with the decision of the Finance Department.
There will be no order as to costs.
M.I