' SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Dr.Atta Muhammad Mangi, serving as a Deputy Director, JPMC, Karachi, has preferred this appeal on 16-3-1983 for rectification of final seniority list of officers working against Administration/General posts (grade 18), Health and Social Welfare Division and its Attached/sub-offices, circulated under No,ADMN.1/82- 12724/JPMC, dated 15-11- 1982.
2. The appellant's case, in nutshell, is that he was appointed as a Medical Officer, West Pakistan Health Services Class-II, on 25-3-1961. He was promoted to Class I on 10-3-1969. On dissolution of West Pakistan, he was allocated to the Province of Sindh. He served as a Deputy Medical Superintendent in Civil Hospital, Karachi from 3-1-1973. He was promoted to Grade-18 on ad hoc basis on 1-7-1974 and on regular basis with effect from 1-10-1974. He was transferred to Federal Government for appointment as Medical Superintendent (Grade-18) at Poly Clinic Islamabad vide order No,F.12-5/71-Per.I, dated 24-11-1976. He joined the job on 11-2-1977. He did one year's course of Post-Graduation in Hospital and Health Services at London and obtained the Degree of D.H.S.A.
After completion of the said course, he was posted as Assistant Director General, Health Division. In a provisional seniority list circulated in January, 1981, his date of entry in Grade-18 in the Federal Government service was mentioned as 11-2-1977 and his previous service with the Government of Sindh from 1-7-1974 to 10-2-1977 was ignored. He made representation for reckoning his previous service for the determination of his seniority, but there was no response. In due course of time, he was transferred as Deputy Director, J.P.M.C., Karachi in the same grade. A final seniority list of the officers working against Administration/General posts (Grade 18) in the Health and Social Welfare Division and its Attached and Sub-Offices, was circulated under No,ADMN.1/82-12729/JPMC, dated 15-11-1982; wherein too his date of entry in the Federal Government service was mentioned as 11-2- 1977 and his previous service was not counted. He made representation to the President of Pakistan on 27-11-1982. Failing to get any orders on his representation during the statutory period of ninety days, he preferred this appeal on 16-3-1983.
3. The grounds agitated in the memo. Of appeal are:-
(1) The seniority list should have been prepared on the basis of job functions whereas the impugned seniority list includes the names of persons of different jobs as mentioned below:-
(i) Mrs. Kaniz Mowla (Respondent No,2): Basically a nurse, having different job descriptions.
(ii) Dr. Sultan Farooqi (Respondent No,3): Senior Registrar in Medicine (Clinical side). Due to become Assistant Professor.
(iii) Dr. M.Zafpr Ahmad (Respondent No,4): Entry in Grade-18 later than that of the, appellant.
(iv) Imtiaz Hussain Shah (respondent No,5): Not a Doctor but a Scientific Officer of Malariology. Has different job/qualification. Entered in the grade later than that of the appellant.
(v) Mr. A.A. Mujahid (respondent No,6): A Senior Scientific Officer Entomology (Malaria). Entered in Grade-18 later than that of the appellant.
(vi) Dr. Ghulam Hussain Shah (Respondent No,7): An Epidiamologist. Entered in Grade-18 later than that of the appellant.
(vii) Dr. Raja I.U.Khan (respondent No,8): Entry in Grade-18 later than that of the appellant.
(2) the appellant was regularised in grade 18 on 1-10-1974 and his seniority should have been counted from that date and his name should have been placed in the seniority list at S.No,4 above the names of respondents 5 to 10, as he had entered the Federal Government service by way of transfer.
(3) the seniority list should have been prepared in accordance with section 8 of the Civil Servants Act, 1973 and there should have been separate seniority lists for each Occupational Group as per clause 125(2) of the Establishment Code, 1979.
4. The Ministry of Health, the respondent No,1, has resisted the appeal. Other respondents have not filed written objections. The objections filed by the Ministry of Health, briefly stated, are that the appellant had himself applied on 13-1-1973 for the post of Medical Superintendent, Central Government Hospital, Rawalpindi (now known as Rawalpindi General Hospital). He was offered the job but he did not join. He applied again in January, 1976 and he was offered the post of Medical; Superintendent in the Central Government Poly Clinic, Islamabad (Grade-18) in November, 1976 and he assumed charge of the post on 11-2-1977 as per Notification No,F.29-2/71-Per.I, dated 14-2- 1977. He was placed at S.No,13 in the provisional seniority list of officers working against Administration/General posts (Grade-18) in the Health Division. He made representation that the officers placed at S.Nos. 1, 3, 8 and 9 in the provisional seniority list were not Doctors and their names should not have been included in the seniority list. He also objected to the inclusion of the names of the officers at S.Nos. 11 and 12 as they were Medical Officers. It is stated that the objections of the appellant were considered and he was informed in writing vide letter dated 9-6-1980 that no separate rules for Nursing Advisers, Malaria Directorate and Chief Statistical Officers were prepared and thus the posts were included in the combined recruitment rules for Administration/General posts and their inclusion in the seniority list will not stand in his way. It is further stated that the appellant made another representation dated 25-6-1981 that his service in the Provincial Government of Sindh may be counted for determining his seniority and he was informed vide letter dated 2-12-1981 that his previous service with the Provincial Government could not be counted towards his seniority and that he would count his seniority with effect from 11-2-1977 when he joined the Federal Government service. As regards the seniority of the respondents vis-a-vis that of the appellant, it has been stated that inclusion of the name of Mrs. Kaniz Mowla in the seniority list would not affect the appellant's promotion, Dr. Sultan Farooqi was promoted to the post of the Deputy Director (Grade 18) in the JPMC, Karachi on regular basis and his name shall remain borne on the seniority list, Dr. Zafar Ahmed had entered grade 18 on 1-10-1974 whereas the appellant would count his seniority from 11-2-1977 when he joined the Federal Government service, Mr. Imtiaz Hussain Shah, being a Senior Scientific Officer (Malariology) would not be in the field for promotion against a post needing medical qualifications, but he had entered service of the Federal Government in Grade-18 on 1-6-1966 and, therefore, he would stand senior to the appellant, Mr. AA.
Mujahid, being a Senior Scientific Officer, Entomology, was promoted to the Class-I post in grade 18 with effect from 9-12-1966 and he would rank senior to the appellant in the seniority list, Dr. Ghulam Hussain Shah, Malariologist was promoted to the post of District Malaria Eradication Officer (Senior Class I), Grade-18, with effect from 8-12-1969 and he ranked senior to the appellant and Dr. Raja I.U.
Khan was appointed to the post of Chief Health Officer, Grade-18, with effect from 18-1-1975 whereas the appellant's seniority would run from 11-2-1977. It has lastly been stated that the appellant had entered the Federal Government service at his request and he would count his seniority from the day he entered the service. It has been pointed out that the appellant did not possess the requisite qualifications when he was appointed as Medical Superintendent. It has been stated finally that the impugned seniority list was prepared in accordance with the provisions of section 8 of the Civil Servants Act, 1973.
5. The appellant's case involved two issues:(1) criteria for preparation of seniority lists; and (2) point of time for reckoning his service in the Federal Government. As regards the first issue, section 8 of the Civil Servants Act, 1973 lays down that for proper administration of a service, cadre or grade, the appointing authority shall cause a seniority list of the members, for the time being of such service or cadre to be prepared. It next provides that the seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same service or cadre, whether serving in the same department or office or not, as may be prescribed. It further provides that seniority on initial appointment to a service, cadre or post, shall be determined as may be prescribed. It also provides that seniority in a post or service or cadre to which a civil servant is promoted shall take effect from the date of regular appointment to that post, provided that civil servants who are selected for promotion to higher posts in one batch shall, on their promotion, retain their inter se seniority as in the lower post. It follows that the seniority list has to be prepared in respect of a particular cadre or service under an appointing authority. The term 'service' has larger range whereas the term 'cadre' ha. Specified sphere. However, the idea of the preparation of the seniority lists has reference to a particular service under an appointing authority placing the holders of the posts in the same service or cadre in the order of their entry in the service for achieving future benefits of the service in the order of seniority assigned to them. Different cadres or different services are not to be jumbled in one seniority list. In the instant case, the seniority list, admittedly, consists of the officers belonging to different cadres or even different services. It has been admitted' in the written objections that Mrs. Kaniz Mowla, whose name appears at S.No,1 in the seniority list, did not belong to the administrative service but she was a Nursing Adviser in the Health and Social Welfare Division. Likewise, Mr. Imtiaz Hussain Shah at S.No,8 being a Senior Scientific Officer (Malariology) did not belong to the administrative health service; and so was the case of Mr. A.A. Mujahid also shown at S.No,8 in the seniority list, as he was a Senior Scientific Officer, Entomology; and Dr. Ghulam Hussain Shah, who was a Malariologist; Cli. Abdus Sattar, Health Education Officer (S.No,12) and Mr.Shamshad Ahmad, Chief Statistical Officer (S.No,14). It is quite apparent that the officers on the seniority list belong to different services and the appellant did suffer set-back in getting proper position in the seniority list of the administrative health service he belonged to.
6. Next is the question of the date from which the appellant could legitimately claim his seniority in the Federal Government service.He was admittedly appointed in the Federal Government service vide order dated 24-11-1976 and he had joined the service on 11-2-1977. He has been allowed seniority in the seniority list from 11-2-1977. He has claimed seniority on the basis of his previous service with the Government of Sindh. His contention is that his entry in the Federal Government service by way of transfer entitled him to count his previous service towards his service. General principles for determination of seniority are contained in Annexure "1" to Office Memorandum No,1/16/69-D, II, dated the 31st December, 1970, published at S.No,158 at page 152 of the ESTACODE, 1983 Edition. But the specific rules for determination of seniority in the case of transfer are contained at S.No,6 of Part II at page 218 (Part II of Chapter III), ESTACODE, 1983 Edition. It is provided at clause (6) of S.No,30 in Part II, relating to 'deputations' that seniority in the case of transfer, which may be termed as deputation, is to be determined in the manner that when it is open to the person concerned to accept or refuse an offer of appointment in another office, he should count his seniority in the new office from the date of his transfer to that office; and when a person is compulsorily transferred to another office as a result of conscription or alongwith the post and his work, he should be allowed to count his previous continuous service in the grade towards seniority in that grade in the new office. The term 'deputation' has not been formally defined but it has been explained at S.No,29 of Part II of Chapter III of ESTACODE at page 217 (1983) Edition that a Government servant appointed or transferred through the process of selection to a post in a department or service altogether different from the one to' which he permanently belongs is `Deputationist'. In the appellant's case hi transfer from the Provincial Government of Sindh to the Federal Government was on his request and not by way of conscription, and, therefore, by the principle of seniority enunciated above, he would reckon his seniority in the Federal Government service from the date he joined the service there, i,e, 11-2-1977.
7. The prayer of the appellant is two-fold: (1) That the seniority list may be odified by deleting the names of respondents 2, 3, 5, 6 and 7; and (2) placing his name at S.No,4 in the seniority list showing his seniority from the date of his continuous regular officiating in Grade-18 i,e, 1-10-1974. As discussed above, the impugned seniority list needs to be recast in such a way that the officers on purely administrative posts are placed separately as per nature of their respective service/cadre.
As regards the second prayer, he is entitled to reckon his seniority in the Federal Government service from the day he joined the service there viz. 11-2-1977.
8. In the result, the appeal is allowed to the extent of recasting of the seniority list, as held above, and it is dismissed in respect of the ante-dating of the appellant's seniority from 1-10-1974. The recasting of the seniority list shall be done within three 'months.