' NAZIR AHMAD BHATTI, J.--In a meeting held under the Chairmanship of Governor, N.-W.F.P. On 25- 8-1984 it was decided to establish a Post-Graduate Medical Institute, Lady Reading Hospital, Peshawar (hereinafter called the PGMI). Pursuant to this decision a notification was issued by the Government of N.-W.F.P. In the Health and Social Welfare Department on 7-8-1984 for the opening/establishment of PGMI. As a result of the said establishment of PGMI the need . Arose for framing of recruitment and appointment etc. Rules. On 7-10-1984 Government of N.-W.F.P. In the Health and social Welfare Department made rules for recruitment and appointment of caching posts in ,the Medical Colleges in the N.-W.F.P. In consultation with the services and General Administration Department and the Finance Department after taking into consideration the minimum qualification and experience prescribed by the Pakistan Medical and Dental Council.
Similarly on 10-1-1985 the Government of N.-W.F.P. In the Health and Social Welfare Department made rules in the similar manner for recruitment and appointment of teaching staff to the PGMI. It appears that some doubt had arisen about the status of teaching staff of the Medical Colleges and the PGMI, so another notification was issued on 30-12-1986 to clarify that appointment and promotion to the teaching posts of Khyber Medical College (Under-Graduate Medical Institution), hereinafter referred to as UMI and PGMI, were governed by separate set of rules and constituted two separate cadres. However, on 15-10-1989 the Government of N.-W.F.P. In the Health and Social Welfare Department yet issued another notification whereby the teaching cadres of the UMI and the PGMI were amalgamated and the posts borne on the said two service cadres were to form a single cadre with immediate effect. As a consequence thereof the following decisions were also taken in the said notification:- "(a) the teaching cadres so formed shall be governed by the rules made by Government of N.- W.F.P., Health and Social Welfare Department vide Notification No, SO(H)1/6-22/83, dated 7th October, 1984.
(b) the inter se seniority of the holders of posts shall be determined on the basis of their continuous regular appointment to the respective posts; and
(c) Government of N.-W.F.P., Health and Social Welfare Department Notification No, SO l(H)/1 -144- 83, dated 30-12-1986 is hereby withdrawn."
' Dr. Shamim S. Majid and others petitioners are employed as teaching staff of the PGMI. Feeling aggrieved by the Notification dated 15-10-1989 they have come up with the writ petition in hand. Dr. Umar Ali Khan and others, respondents Nos. 7 to 23 are employed as teaching staff of the UMI.
2. The ground norm of attack of the petitioners against the impunged notification dated 15-10-1989 is that the two separate cadres are in existence since the last more than five years and their amalgamation will deprive them of their rights and would also cause many disputes about seniority and other matters.
3. Dr. Professor Rahim Gul and Dr: Professor Sahibzada Abdul Waheed are also employed in the teaching staff of the PGMI and for the same reasons they have also challenged the notification of the Government of N.-W.F.P., dated 15-10-1989 in Writ Petition No, 188 of 1990.
4. Since both the writ petitions have impugned the same notification with the same reasons, judgment in the writ petition in hand will also dispose of Writ Petition No, 188 of 1990 Dr. Professor Rahim Gul v. Government of N.-W.F.P. And others.
5. Respondents Nos. 1 and 2 in their comments took up some preliminary objections to the effect that the impugned notification dated 15-10-1989 being policy decision of the Government was not justiciable; that the notification having been issued by the competent Authority could not be challenged and the petitioners had also no locus standi. In so far as the facts were concerned although it was admitted that after the establishment of PGM1 separate cadres of Under-graduate and Post-graduate Medical Institutions were created yet the amalgamation of both the said cadres into one was neither illegal nor beyond the powers of Government nor it had caused any loss or damage to the petitioners.
6. The petitioners of both the writ petitions and respondents Nos. 7 to 23 in the writ petition in hand were all formerly employed as teaching staff of UMI (Khyber Medical College). However, as a result of the establishment of PGMI some teachers from the UMI were transferred to the former and then two separate cadres were established. The aforesaid facts have not been controverted by any party to the writ petitions.
7. The main question for determination is whether the Government of N.-W.F.P. Was competent to amalgamate the cadres and whether the further decisions as announced in the impugned notification dated 15-10-1989 have caused any tangible loss or damage to the petitioners. We have repeatedly asked the learned counsel for the petitioners to dilate upon the aforesaid questions and although lengthy arguments were addressed by them but they failed to convince us of any grievance suffered by the petitioners.
8. The creation of posts for civil servants is the sole discretion of the Government. Similarly the amalgamation of posts of like cadres is the sole discretion of Government and it cannot be challenged by any civil servant. The Government has the power to create cadres and likewise it has got the power to amalgamate the cadres. The power to do a certain thing also includes the power to undo it, cancel it, recall it, amend it or rescind it. In this connection the provisions of section 20 of the West Pakistan General Clauses Act, 1956 are very clear and no exception can be taken to the power of Government to make, unmake or rescind any order. Moreover the petitioners have yet to establish what tangible loss or damage has occurred to them by the amalgamation of both the cadres.
9. In so far as the further decisions conveyed in the impugned notification are concerned we will take them one by one. The first decision conveys that the teaching cadre so formed shall be governed by the rules made by the Government of N.-W.F.P. Health and Social Welfare Department by notification issued on 7-10-1984. This is the same notification which was made for the recruitment of 'teaching _staff of Medical Colleges (UMI). This notification was issued by the Government after taking into consideration the qualifications and experience prescribed by the Pakistan Medical and Dental Council and the petitioners failed to point out as in what way it had in any way curtailed the qualification or had affected the prescribed qualification and experience of the Pakistan Medical and Dental Council for appointment and recruitment to posts in the amalgamated cadre. The Pakistan Medical and Dental Council is respondent No, 6 in Writ Petition No, 188 and they have not cared either to appear in the Court or to submit any written statement which would mean that the Notification dated 7-10-1984 had not adversely affected the qualification and experience laid down by the Council for appointment to different posts in the teaching cadre of Medical Colleges and Post-graduate Medical Institutions.
10. In so far as decision (b) is concerned, it was but imperative to form a joint cadre after amalgamation of both the separate-cadres and to determine their inter se seniority on the basis of continuous regular appointment to the respective posts. This is a cardinal principle of law that inter se seniority of the civil servants holding equivalent posts has to be determined in accordance with continuous regular appointment to that post. This criterion is laid down in subsection (4) of section 8 of the North-West Frontier Province Civil Servants Act, 1973. However, section 8 further lays down in subsection (1) that although a seniority list of the members for the time being of a service or cadre shall be maintained by the appointing authority but no vested right to a particular seniority in such service or cadre shall be created in favour of any civil servant. It shall thus be seen that the petitioners cannot claim any vested right with regard to a particular seniority in the amalgamated cadre. Even otherwise since no seniority list has so far been prepared, this decision specified in the impugned notification has not so far adversely affected any of the petitioners. As yet it is not known as what place in the seniority list shall be specified to either of the petitioners and whether they shall feel aggrieved by virtue of that order or not.
11. The third decision has simply done away with the Notification dated 30-12-1986 whereby separate cadres of PGMI and UMI were created. It has not so far done any tangible loss or damage to the petitioners.
12. We have very minutely perused the grounds mentioned in support of the writ petition. None of them has declared that the impugned action of the Government was without lawful authority or illegal. It has also not been asserted that the Government had no jurisdiction to amalgamate the cadres or it had acted in excess of its jurisdiction. The only fear which appears to have been in the minds of the petitioners is that they were formerly teachers of a Post-graduate Medical Institution which was more prestigious than an Under-graduate Medical Institution. Otherwise none of the petitioners has so far suffered any concrete loss or damage. The whole thrust of their contention has been that they had built up the PGMI with their hard work and now they are being downgraded to the status of teachers of an Under-Graduate Medical Institution. However, we do not think so for the reason that the qualification and experience as laid down by the Pakistan Medical and Dental Council has also been made applicable for the recruitment and appointment of the amalgamated cadre. In that sense of the matter the petitioners of both the writ petitions have yet to prove that they are aggrieved persons within the meaning of Article 199 of the Constitution.
13. For the aforesaid reasons we do not find any merit in both the writ petitions which are dismissed with no order as to costs.