' SALAHUDDIN CHAUDHRT (MEMBER).--The. Appellant, Fazal Mabood, who was a Demonstrator in Grade-16 serving in the Education Department, Northern Areas, was appointed Lecturer in. Grade-17 with effect from 12-7-1982. Revising this order he was allowed the said appointment with effect from 22-6-1981. Being still dissatisfied he represented on 27-6-1985 to the departmental authority claiming promotion with effect from 1-12-1973. Having received no reply, he came up to this Tribunal on 21-10-1985 by way of appeal now before us.
2. The relevant facts are that the appellant was appointed a Demonstrator in Grade-16 on 4-6-1977 under the orders of the Ministry of Education and was posted at Gilgit. In 1978 the administrative control of educational institutions in the Northern Areas went over to the Ministry of Kashmir Affairs and Northern Affairs Division, hereinafter to be called as KANA. On 4-1-1979 the Ministry of Education converted the existing five posts of Demonstrator (NPS-16) in Federal Government Colleges, Islamabad, to those of Lecturer (NPS-17) with effect from 1-12-1978. Against these five posts, five Demonstrators in the Federal Government Colleges for Men and Women at Islamabad were appointed Lecturers (NPS-17) under the orders of the Ministry of Education dated 18-10-1979. Similar action was taken by the KANA on 22-6-1981 and one post of Demonstrator (Grade-16) was converted into the post of Lecturer (NPS-17). Against this post the appellant was appointed Lecturer (NPS-17) by the Education Department of KANA. The appellant was not satisfied with the orders dated 12-7-1982 because he thought that like Demonstrators of Islamabad, he too was entitled to be appointed as Lecturer (NPS-17) with effect from 1-12-1978. Accordingly, he submitted a representation to KANA' Division on 20-8-1982. This was rejected on 20-9-1982. He represented again on 9-10-1982 but this too was turned down on 15-2-1983. Then to seek redress, he filed an appeal (No, 192(R) of 1983) before this Tribunal on 25-9-1983. The Tribunal vide its orders dated 7- 11-1983 dismissed the said appeal in limine holding it as hopelessly barred by time. The Tribunal came to this conclusion on the ground that only one representation against the order affecting the terms and conditions of a civil servant is competent. The appellant's representation dated 20-8- 1982 having been rejected on 20-9-1982 and the appeal having been filed on 25-9-1983 was clearly barred by time.
3. In supersession of the earlier order dated 12-7-1982 the Education Department, KANA, ante-dated the appellant's appointment to NPS-17 with effect from 23-6-1981, the date with effect from which this post had been sanctioned, vide its orders dated 9-6-1985. On 27-6-1985 he again represented to the Additional Secretary, KANA, to press his claim for appointment from a still earlier date i,e, 1- 12-1978, the date from which the Demonstrators in Islamabad were promoted. The representation was not forwarded by the Director of Education to KANA and was returned to the appellant saying that since the post of Demonstrator had been converted to that of Lecturer (NPS-17) with effect from 20-6-1981, the appellant's appointment in NPS-17 could not be made effective from 1-12-1978.
On 21-10-1985 the appellant again came to this Tribunal by way of appeal now before us claiming that he is entitled to appointment to BPS-17 with effect from 1-12-1978.
4. The learned counsel for the respondent has raised the preliminary objection that the appeal is hopelessly barred by time and that the earlier decision of the Tribunal in Appeal: No, 192(R) of 1983 decided on 7-11-1983 is res judicata between the parties. In reply the stand of the learned counsel for the appellant was that the rejection of the representation made against the orders dated 9-6- 1985 gave the appellant a fresh cause of action and, therefore, the present appeal was competent.
We have considered the matter and uphold the objection of the respondent. In our view, the cause of action arose when his representation against the orders dated 12-7-1982 promoting him to NPS- 17 was rejected by the respondent. But the appellant came to the Tribunal very late and, therefore, his appeal was dismissed as being hopelessly barred by time. The rejection of further representation submitted in 1985, on the same issue, cannot be said to have given the appellant a fresh cause of action for the reason that in the appeal filed on 25-10-1983 the appellant had prayed for the same relief as has been done in the present appeal i,e, that the appellant be given promotion with effect from 1-12-1978. We are of the view that on the facts of this case the doctrine of res judicata does apply. Since subsequent representations cannot extend the limit prescribed in filing appeal, this appeal is also held to the hopelessly barred by time.
5. In the last para. Of this Tribunal's earlier judgment dated 7-11-1983, it was observed that on merits also there was no substance in the appeal. We too agree with that view. The five posts of Demonstrators (NPS-16) which were converted into those of Lecturers (NPS-17) with effect from 1- 12-1978 were meant for Federal Government Colleges in Islamabad under the administrative control of the Ministry of Education. The appellant being under the administrative control of the Education Department, Northern Areas, had no right to he considered against those posts. His Department and the Administrative Division i,e, KANA created the post of Lecturer in NPS-17 through conversion with effect from 22-6-1981 and it is from this date and not from any earlier date that the appellant could be appointed to NPS-17. Reliance has been placed by the appellant's learned counsel on clause (a) of the Ministry of Education letter dated 4-1-1979 to claim that all posts of Demonstrators in Pakistan wherever they may be, including Northern Areas, stood abolished with effect from 1-12-1978. It would he of advantage to reproduce below the relevant extracts from the said letter including the said clause (a). It reads:- "I am directed to convey the sanction of the President to the conversion of the existing five posts of Demonstrators (NPS-16) in Federal Government Colleges at Islamabad to those of Lecturers NPS- 17) with effect from 1-12-1978, subject to the following conditions:-
(a) The cadre of Demonstrators in Federal Government Colleges is totally abolished and that no future recruitment would be made in the cadre of Demonstrators."
We are of the view that the appellant is not reading clause (a) correctly. The clause has to be read in the context of the earlier part or its preamble. It simply means that the cadre of Federal Government Colleges in Islamabad is being abolished. It would clearly be wrong to interpret that under the authority of the said letter the post of Demonstrator in Northern Areas had also been abolished with effect from 1-12-1978 inasmuch as the Ministry of Education had no authority to pass such administrative orders in respect of the Educational Institutions which were not under its control but under the control of KANA.
6. For the reasons given above the appeal is dismissed as barred by time as well as on merits.
7. No order as to costs.