1. ' NASIM HASAN SHAH, J.--This appeal, by leave of this Court, directed against the judgment and order dated 13-1-1988 passed by the Federal Service Tribunal, Islamabad in Appeal No,393(R) of 1985.
2. ' The case of the appellant is that he was appointed as Lecturer in English Literature in Emerson College, Multan, in 1950 and was promoted as Assistant Professor of English (Grade-18) with effect from 1-7-1959. During the period to the appellant was working as Assistant Professor in Government College, H Islamabad, the said College in Islamabad was taken over by the Federal Government on 1-6-1974. All the employees of the College were given opt, either to opt for Federal Government service or for the Punjab Government service.
3. ' It may be mentioned that the Government of Pakistan in the Ministry Education, Islamabad vide Letter No,F3-7/74-CE I, dated the 15th May, 19 laid down that those who opt for the Central Government service will appointed against temporary posts which will be created by the Centre Government in the existing provincial scales of pay with effect from the date transfer of the Schools. Moreover, in the terms and conditions of service service under the Federal Government it was laid down that permanant Government servants, pending confirmation against permanent posts, would continue to enjoy all the privileges and benefits accruing to them as confirm hands. In view of these conditions the appellant opted for service in the Central Government. Being the senior most Assistant Professor, he took over as India Principal, Federal Government College for Men, H-9, Islamabad, on his own and grade and worked in that capacity for two years and 10 days from 14-9-1976 to 24-9-1976.
4. ' In August 1975, the Ministry of Education submitted the appellant's case the Establishment Division with their recommendations to promote him Principal, Federal Government College (Men), H-9, Islamabad. But, instead to appellant was transferred to the Ministry of Education as Assistant Education Adviser (Grade-18) with effect from 25-9-1976.
5. ' Meanwhile, in the year 1977, the Government of Punjab (paresnt Department of the appellant) decided to upgrade a number of posts of Assistant Professors (Grade-18) to Professors (Grade-19) vide Notification {{PAGE CUT}} .SO(Cell) 6-7/74 dated 15-3-1977. The appellant on the assumption that he still holding lien as a permanent employee under the Punjab Government promoted alongwith his erstwhile colleagues as Professor in NPS-19 with ct from 1-9-1976 vide Notification No,SO(CEI)-1-26/76(1) dated the 18th Member, 1977. According to the aforesaid notification, the appellant was ted as Professor, Government College, Gujjar Khan, but when he informed Punjab Government authorities of his position, they permitted him to nue to be on deputation vide Notification No,SO(CEI)/1-26/76(iv) dated 0-1977. But the Federal Government neither granted BPS-19 nor relieved to join his parent Department under the Punjab Government where he stood moted in BPS-19 with effect from 1-9- 1976.
6. However, as a result of promotion of the appellant as Professor in -19 by the Punjab Government the District Accounts Officer, Rawalpindi, ed his substantive pay as under:-- From 1-9-1976 Rs,1,800 From 1-9-1977 Rs,2,250 he pay would have been raised to Rs, 2,350 from 1-12- 1977, Rs,2,450 1-12-1978, Rs,2,550 from 1-12-1979, Rs,2,650 from 1-12-1980 as a result of ual increments.
7. However, instead of giving the benefit of promotion in BPS-19 as osed by the Punjab Government the appellant was posted on temporary duty Federal Government Secbndary School, Nelore, under a Headmaster de 17). Later on, after less than two months the appellant was deputed again emporary duty to teach English language of post-Matric standard to North ni Students.
8. Perhaps realising the injustice being done to the appellant, the Ministry ducation, Government of Pakistan, directed him to hold the charge of ipal, Federal Government College for Men, H-9, Islamabad with effect from -1980. But even then he was not allowed the pay in BPS-19. Shortly after, on 11-2-1981, the appellant was withdrawn from the Federal rnment College for Men, Islamabad, vide Government of Pakistan, Ministry ducation Notification No,F.5-32/75-CA (GEGI-I) dated 24-2- 1981 and his ces were placed at the disposal of the Punjab Government. But the rnment of Punjab refused to accept him expressing the view that option exercised was final adding that it was doubtful if the lien of the appellant be revived. In view of these circumstances, the appellant continued to in in the Federal Government's service. In August, 1982, when the appellant had gone to perform Hajj, in his ce cases of the two Assistant Professors who were junior to him by 14 or 15 were recommended to the Establishment Division for promotion. The mg named Assistant Professors were, accordingly, promoted to BPS-19:-- Mr. Muhammad Saghir Qureshi. ) Mr. Muhammad Anwar Farooqi.
9. At long last, in 1983, the Ministry of Education recommended the case of ppellant for promotion to Grade-19 to the Establishment Division, rnment of Pakistan and the appellant was ultimately promoted to BPS-19 ffect from the 29th July, 1984.
10. ' The appellant submitted a representation/appeal on 5th September, 1985 to the Secretary, Ministry of Education (respondent No,2 herein) against the deprivation of his promotion in a higher post entailing loss of monetary benefits to which he was entitled under the law. The same was, however, rejected vide order contained in Letter No,F.5-32/7J/CA (FDE) dated the 8th December, 1985.
11. ' The appellant filed an appeal before the Federal Service Tribunal which was only partly accepted; in that he was allowed financial benefits against higher post in Grade-19 for the period from 14-9- 1974 to 24-9-1976. He, therefore, sought leave to appeal from this Court which was granted to him vide order dated 20-12-1988 to consider, inter alia, the question-- "Whether the appellant who was holding his permanent lien under the Punjab Government and was promoted to Grade-19 with effect from 1-9- 1976 by the said (Punjab) Government was not entitled to be promoted to Grade-19 under the Federal Government despite having opted for service thereunder since he was not confirmed by the said Government to a Federal Government's appointment until 29-7-1984?"
12. ' The case of the appellant is that he opted to service under the Federal Government on the terms and conditions annexed to the Government of Pakistan, Ministry of Education Letter No,F-3-7/74- CEL dated the 15th May, 1974, according to which permanent Government servants, pending confirmation against permanent posts under the Federal Government would enjoy all the privileges and benefits accruing to them as confirmed hands. Therefore, when the appellant was promoted in Grade-19 with effect from 1-9-1976 by his parent Department in the Government of Punjab where he stood confirmed, he should have been granted the same pay and scale in Grade- 19 by the Federal Government as laid down in the Fundamental Rules.
13. ' In support of this submission, learned counsel for the appellant, has relied upon Memo. No,F.3- 7/74-CEL issued by the Government of Pakistan (Ministry of Education) dated 15th May, 1974, on the subject of "Taking over of Educational Institutions falling in Federal Area from the Government of Punjab". He drew our attention to the "Terms and Conditions of service of the staff to be taken over by the Central Government". This inter alia provided-- "The staff employed in the Provincial Colleges/Schools to be taken over by the Central Government shall be given option either to come over to the service of the Central Government or to opt out for the Provincial Government service."
14. ' And went on to add: "Those who opt for serving under the Central Government will be appointed to the posts which the Central Government may create, on the following terms and conditions regarding transfer of their service from the Central Government."
15. ' He then drew our attention to the paragraph dealing with the matter of confirmation. This stated-- "(ii) CONFIRMATION: ' Permanent Government servants (Officers and staff) recruited through regular channels of recruitment but not yet confirmed because for some reasons, the posts against which they were working had also not been placed on a permanent footing, would after transfer, be eligible for confirmation against Central posts in their own scale of pay as and when permanent posts are available, in accordance with the rules to be prescribed by the Central Government and on fixation of seniority and other relevant matters. However, permanent Government servants, pending confirmation against permanent posts, would continue to enjoy all the privileges and benefits accruing to them as confirmed hands."
16. ' The submission of the learned counsel for the appellant was that the appellant was confirmed by the Federal Government as Assistant Professor in Grade-18 with effect from 6-3-1983 and as such due to his promotion with effect from 1-9-1976 in Grade-19 by the Punjab Government, his pay and scale should have been fixed by the Federal Government accordingly with effect from 1-9-.1976 in Grade-19.
17. ' This submission is based on a misconception. The appellant appears to think that the last portion of the above paragraph namely "However, permanent Government servants, pending confirmation against permanent posts, would continue to enjoy all the privileges and benefits accruing to them as "confirmed hands" implies that as long as he was not confirmed in the Central Government he continued to retain a lien in the Punjab Government and, therefore, was entitled to the corresponding privileges and benefits which accrued to Punjab Government servants during this period. Accordingly, when he was promoted with effect from 1-9-1976 by the Punjab Government to Grade-19 post in the Punjab on, the erroneous assumption that he was still their servant, he was entitled to a similar privilege and benefit in the Central Government, as he was not confirmed therein until 29-7-1984 and was still a confirmed hand of the Punjab Government.
18. ' But this is not what the paragraph relied upon provides. This paragraph is merely to the effect that permanent Government servants would after transfer be eligible for confirmation against permanent posts in the Central Government in their own scale of pay as and when permanent posts are available, in accordance with the rules prescribed by the Central Government. However, pending confirmation, they would continue enjoying all the privileges and benefits accruing to them, as confirmed hands. This paragraph has nothing to do with the privileges and benefits being given to permanent Government servants in the Provinces. This provision is a guarantee given to permanent Government servants who opt for service in the Central Government, that they will be confirmed against central posts as and when permanent posts are available but pending their confirmation they will continue to enjoy all the privileges and benefits which would have accrued to them if they were in fact confirmed hands i.e, had been confirmed against a Central Government post. What happens, in the meanwhile, to their erstwhile colleagues in the Provinces appears to be totally irrelevant. All the privileges and benefits being enjoyed by the confirmed hands in the Central Government were being guaranteed pending their confirmation to the Central Government posts by this paragraph and it was not conferring the corresponding benefits and privileges granted to confirmed hands of the provincial posts during this period.
19. The upshot is that there is no force in this appeal, which is dismissed however, are left to bear their own costs.