1. ' ALLY MADAD SHAH (CHAIRMAN).--Appellant Mr. Laeeq Ahmad Khan was appointed as an Inspector, Central Excise and Land Customs on 9-2-1967. In January, 1980, he was appointed as a Preventive Officer (NPS 13) in the Collectorate of Customs (Preventive) and he joined there on 14-1- 1980. He was promoted as a Deputy Superintendent (NPS-14) in his parent department viz. Collectorate of Land Customs and Central Excise vide order dated 15-5-1984. He made representation to the Collector of Customs (Preventive) on 10-3-1984 that his services stood transferred to the Collectorate of Customs and he may be absorbed there as an Inspector in the Preventive Collectorate (NPS-14), a post equivalent to that of the Deputy Superintendent in the Central Excise and Land Customs. He was promoted to in the Collectorate of Central Excise and Land Customs. He went on repeating his representations to the Collector of Customs (Preventive).
2. He was informed under letter dated 22-9-1986 that his representation had been rejected by the Central Board of Revenue. He, therefore, preferred this appeal on 19-10-1986 with the following prayer: "It is, therefore, prayed that this Hon'ble Tribunal after being satisfied summon the relevant record and after going through it and the contentions of the Appellant, may graciously be pleased to set aside the order passed by the respondent and in consequence it be declared that the appellant is entitled to be absorbed in the equivalent position in Grade-14, in the Department where he is presently serving i,e, in Customs (Preventive) and further restrain the Respondents not to take any further action."
2. The case put forth by the appellant is that he had put in meritorious service in the Collectorate of the Central Excise and Land Customs for nearly 12 years and his services were placed at the disposal of the Collector of Customs (Preventive) in the public interest in appreciation of his distinguishable and outstanding performance as a player of international repute and he was entitled to the same prospects in service career in the Collectorate of Customs as he was entitled to in the Collectorate of Central Excise and Land Customs and by virtue of his promotion as Deputy Superintendent in NPS-14 in the Collectorate of Land Customs and Central Excise he should have been adjusted in a Grade-14 post of Inspector of Customs in the Collectorate of Customs.
3. ' The appeal has been resisted by the Collectorate of Customs (Preventive). The stand taken in the written objections is that the appellant had made an application to the President of Pakistan on 12- 9-1979 that his services be transferred to the Preventive service of Preventive Collectorate of Customs, Customs House, Karachi and he was appointed as a Preventive Officer in direct quota in relaxation of educational qualifications and experience etc. Under the advice of the Establishment Division and he was not entitled to reckon the past service he had put in with the Collectorate of Central Excise and Land Customs for seeking upper grade in the Collectorate of Customs.
4. The main ,question involved in the appeal is that of the nature of the appellant's appointment in the Collectorate of Customs (Preventive). Neither the appellant nor the respondents have placed on record a copy of the order of the appellant's appointment. The appellant has filed a copy of the order dated 13-11980 issued from the office of the Superintendent, Central Excise and Land Customs, Karachi, whereunder the appellant was relieved as to report for duty to the Collector of Customs (Preventive), Karachi. It reads as under:-- "GOVERNMENT OF PAKISTAN OFFICE OF THE SUPERINTENDENT, CENTRAL EXCISE AND LAND CUSTOMS NAZIMABAD CIRCLE, KARACHI ORDER ' In pursuance of the Collector, Central Excise & Land Customs, Karachi's letter C.No, E/PF/I-460(3), dated 13-1-1980, Mr. Laeeq Ahmed, Inspector, Central Excise & Land Customs, Nazimabad Circle, Karachi is hereby relieved of his duties in the afternoon of 13-1-1980 and directed to report for duty to the Collector of Customs (Preventive, Customs House, Karachi.
4. (Sd.)
5. S. NAJMUL HUDA SUPERINTENDENT."
5. The appointment of the appellant in the Collectorate of Customs (Preventive) was initiated from the Central Board of Revenue under separate letters dated 15-10-1979 addressed to the Secretary, Ministry of Culture, Archaeology Sports and Tourism, Islamabad, and the Establishment Division reproduced below:- CENTRAL BOARD OF REVENUE GOVERNMENT OF PAKISTAN NO: 2/27/79-ACE-II. ISLAMABAD,the 15th October, 1979.
6. OFFICE MEMORANDUM ' Subject:- Appointment of Mr. Laeeq Ahmad, Inspector, Central Excise & Land Customs, Karachi as Preventive Officer in the Custom House, Karachi.
7. ' The undersigned is directed to refer to the Ministry of Culture, Archaeology, Sports & Tourism (Culture, Archaeology and Sports Division's) D.O. Letter No, F.9-79/77-Sports dated 30th November, 1979, on the subject noted above, and to forward herewith a photstat copy of ADC to the President's letter No,57/1/CMLA/ADC, dated 2nd October, 1979, along with photstat copy of an application of Mr. Laeeq Ahmed, Inspector, CE&LC, Karachi. Mr. Laeeq Ahmed has stated that he has represented the country in Olympics, Asian Games, World Cup Tournament and various International Matches successfully. In view of his performance in the field of Hockey he has requested for transfer of his services as Preventive Officer to the Customs House, Karachi. As the Recruitment Rules for the post of Preventive Officer (Grade 13) do not provide transfer of an Inspector (Grade 10) to the Customs House in the capacity of Preventive Officer, it has been decided that his case may be considered for appointment as Preventive Officer against direct quota. In their d.o. Letter under reference the Sports Division has stated that the President has directed to patronise six promising players in each field of sports in departments like Customs etc. The Sports Division is requested to kindly communicate their views as to whether Mr. Laeeq Ahmad may be considered a promising player so as to deserve appointment as Preventive Officer in relaxation of the rules for direct appointment.
8. Encl. As above. (Sd.) Abdul Jalil (Secretary)
9. Secretary, Ministry of Culture, Archaeology, Sports and Tourism, Islamabad.
10. "GOVERNMENT OF PAKISTAN CENTRAL BOARD OF REVENUE NO. 2/27/79.ACE.II. Islamabad, October 15, 1979.
11. OFFICE MEMORANDUM Subject:- Appointment of Mr. Laeeq Ahmad, Inspector, CE&LC, Karachi as Preventive Officer in the Customs House.
12. ' The undersigned is directed to say that Mr. Laeeq Ahmed, Inspector, Central Excise and Land Customs, Karachi vide his application, dated 12-9-1979 (copy enclosed) has requested for transfer of his services to the Customs House, Karachi in the capacity of Preventive Officer. The application has been forwarded to the Board by the ADC to the President for consideration and necessary action. According to the statement of the Inspector, he has represented the country in Olympic Games, Asian Games, World Cup Tournament and International Matches successfully.
13. ' According to the Recruitment Rules for the post of Preventive Officer (Grade 13), the services of Mr. Laeeq Ahmed, Inspector being in Grade-10 cannot be transferred to the Customs House. It is, therefore, considered that he may be appointed as Preventive Officer against direct recruitment in relaxation of rules in pursuance of CMLA's directive as contained in the Ministry of Culture, Archaeology, Sports and Tourism (Culture, Archaeology and Sports Division's) D.O. Letter No, F.9- 79/77-Sports, dated 30-11-77 (copy enclosed). In this connection, the advice of the Ministry of Culture, Archaeology, Sports and Tourism was sought. That ministry vide their endorsement No, Nil, dated nil (copy enclosed) have stated that Mr. Laeeq Ahmed has been a promising Hockey player and his request for transfer to Preventive Services deserves consideration.
14. ' As the date of birth of Mr. Laeeq Ahmed is 15-9-1946 he becomes 33 years of age which according to the Recruitment Rules for the post of P.O. Is in excess by three years. Similarly, Mr.Laeeq Ahmad is Matriculate whereas the condition of qualification for the post of P.O., is Graduate. The Establishment Division is requested kindly to relax the age limit and qualification as also of advertisement of the post as provided in rule 11 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 to enable the Collector of Customs (Preventive) Custom House, Karachi, to appoint Mr. Laeeq Ahmed, Inspector as Preventive Officer in the Customs House Karachi.
15. (Sd.) Shafiq Ahmad Second Secretary ' The Establishment Division (Mr. Rehmat Elahi, D.S.) Rawalpindi.
16. ' Thereafter, the matter was referred to Collector of Customs (Preventive), Custom House. Karachi, by the Central Board of Revenue under letter dated 7-11-1979, followed by another letter dated 6-1- 1980. Both the letters are reproduced below: "GOVERNMENT OF PAKISTAN CENTRAL BOARD OF REVENUE NO: 2/27/79-ACE-II. From Mr. Shafiq Ahmad, Second Secretary.
17. To Islamabad, the 7th November,79.
18. ' The Collector of Customs (Preventive) Customs House, Karachi.
19. ' Sub: APPOINTMENT OF MR. LAEEO AHMED, INSPECTOR CE&LC KARACHI AS PREVENTIVE OFFICER IN THE CUSTOMS HOUSE.
20. ' I am directed to forward herewith in original an application dated 12-9-1979, received from Mr. Laeeq Ahmed, Inspector, CE&LC Karachi for transfer of his services as Preventive Officer to the Customs House, Karachi, received through the ADC to the President vide his letter No,57/1/CMLA/ADC dated 2-10-1979 and to say that the matter was referred to the Establishment Division for consideration whose advice is reproducal below:- " .The only course is to appoint Mr. Laeeq Ahmed under direct quota after D.S.C. Selects him for appointment as Preventive Officer in NPS13. Thereafter the C.B.R. May seek relaxation of educational qualifications, experience etc. If required. The C.B.R. Are, therefore, advised to observe the rules and complete all the formalities relating to direct recruitment rules".
(2) It is requested that the application of Mr. Laeeq Ahmed may kindly be processed in the light of the Establishment Division's advice and the Board may kindly be informed of the progress of the case. End: as above. (Sd.) Shafiq Ahmad Second Secretary ' Copy forwarded for information to the ADC to the President (Captain Qamar Zeman) COAS House, Rawalpindi.
21. (Sd.) Shafiq Ahmed Second Secretary."
22. "GOVERNMENT OF PAKISTAN CENTRAL BOARD OF REVENUE No: 2/27/79-ACE-II. Islamabad, the January 6, 1980.
23. From Mr. Ghulam Nabi, Second Secretary.
24. To ' The Collector of Customs (Preventive) Custom House, Karachi.
25. ' Sub: Appointment of Mr. Laeeq Ahmed Inspector CE&LC Karachi as Preventive Officer in the Custom House.
26. ' I am directed to refer to your letter No, Reg. S-38-9/77-Estt (P), dated the 19th November, 1979, on the subject noted above, and to say that the Establishment Division have accorded approval to the appointment of Mr. Laeeq Ahmad Inspector, Central Excise and Land Customs (Grade-10) to the post of Preventive Officer (Grade-13) in view of provision made in the revised recruitment rules for Preventive Officer (Grade-13), for appointment of outstanding sportsman of National/International repute, in relaxation of educational qualifications/age etc. I am, therefore, to request that necessary action may be taken and a report furnished to the Board at an early date.
27. (Sd.) Ghulam Nabi Second Secretary.
28. ' Copy forwarded to the Establishment Division (Mr. Rchmat Ellahi, Deputy Secretary), Govt. Of Pakistan, Rawalpindi for information with reference to their O.M. No, 12/1/79-DV(Pt), dated the 6th January, 1980.
29. (Sd.) Ghulam Nabi Second Secretary."
30. ' The order passed by the Collector of Customs (Preventive) has not been produced before us and the Central Board of Revenue has been totally noncooperative in this respect. The subsequent development is reflected in the office order dated 13-1-1980 issued from the office of the Superintendent, Central Excise and Land Customs, already reproduced above.
6. It is not disputed that the appellant joined the Collectorate of Customs (Preventive) as a Preventive Officer (BPS-13) on 14-1-1980. It appears that he had not totally severed his connections with the Collectorate of Central Excise and Land Customs as is evident from the letter dated 9-6- 1982 addressed to him from that Collectorate regarding his confirmation and the order dated 15-5- 1984 of his promotion as Deputy Superintendent in BPS-14 in the Collectorate of Land Customs and Central Excise. He was informed under letter dated 9-6-1982, in reply to his application dated 13-10- 1981, in respect of lien and confirmation, that he had been confirmed as Inspector, Central Excise and Land Customs with effect from 29-8-1973 and his lien was maintained in the Collectorate of Central Excise and Land Customs, Karachi till he was declared confirmed by the Customs House, Karachi and his case for promotion as Deputy Superintendent, Central Excise and Land Customs was to be processed in due course. By order dated 15-5-1984, he was one of the promotees as a Deputy Superintendent in BPS-14, and he was, directed to report for duty with immediate effect. It was this order of his promotion dated 15-5-1984 which served as a prelude to him for claiming his absorption in the Collectorate of Customs as an Inspector in BPS-14 and he made the representation dated 10-3-1984, referred to above, which was ultimately rejected by the impugned order dated 22-9-1986. What was the nature of the appointment of the appellant as a Preventive Officer in the Collectorate of Customs (Preventive) has remained as a mystery as the actual order of his appointment has not come forth from any quarter; but one fact is manifest that he was appointed in the Collectorate of Customs in pursuance of the directive of the President that some posts were to be reserved in the Collectorate for the outstanding and promising sportsmen of international repute who had represented Pakistan in and out of the country in the international sports. This directive of the President was incorporated in SRO 26 (I)/80 dated 6th January, 1980 providing for method, qualification and other conditions for appointment to the posts of Preventive Officers in Grade-13 in the Customs House. Under the said SRO, 50% posts of the Preventive Officers were to be filled in by promotion from amongst ministerial officials in the Customs House in the manner laid down in Part II of the Rules; and 50% posts by direct recruitment in accordance with Part III of the Rules. Part Ill consists of only Rule 5, which provides, inter alia, that direct recruitment shall be made on the basis of a written examination and viva voce test, according to the scheme laid down in the schedule appended to the rules, of the candidates possessing requisite age educational qualifications provided that 10% of the vacancies or six vacancies whichever is less, shall be reserved out of direct quota for such outstanding/promising sportsmen of international repute having represented Pakistan in and out of the country in the international sports; and their appointments shall be made in consultation with the Establishment Division. The appellant's appointment as a Preventive Officer (Grade-13) was made under the scheme outlined in the proviso. It follows that appellant's appointment as a Preventive Officer was in 50% quota for direct recruitment. In all fairness to him, his lien was maintained in the Collectorate of Land Customs and Central Excise until he was confirmed in the Collectorate of Customs (Preventive) and was even promoted as Deputy Superintendent (Grade-14) if hi. Were to revert back. The service set up in the two Collectorates viz. Collectorate of Central Excise and Land Customs and the Collectorate of Customs and Preventive is quite different and distinct and their services were not mutually inter- changeable. The appellant having accepted the post of a Preventive Officer (BPS-13) in the Collectorate of Customs could avail of the prospects of the service in that Collectorate but he could not claim the prospects he had or he could have achieved in the Collectorate of Central Excise and Land Customs unless he sought reversion to that Collectorate, bidding good bye to the Collectorate of Central Excise and Land Customs (Preventive). He did not avail of the promotion to the post of Deputy Superintendent (BPS-14) in the Collectorate of Central Excise and Land Customs and he could not avail of benefit thereof in the Collectorate of Central Excise and Customs (Preventive). By virtue of his appointment as a Preventive Officer, he does belong to the Customs (Preventive) Service and he can explore his prospects in that Collectorate as a directly recruited Preventive Officer (Grade-13).
7. For the reasons recorded above, there is no merit in appeal and it is dismissed with no Order as to costs. 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.