This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan seeks implementation of the order dated 21-4-1991 passed by the Federal Service Tribunal, Islamabad whereby the respondents herein were directed to accept the petitioner's request for reversion to the Office Management Group with all consequential benefits.
2. The relevant facts are that the petitioner was appointed as Section Officer in the Central Secretariat Services (now Office Management Group) on 26-12-1972 on the basis of Central Superior Services Examination held by the Federal Public Service Commission in 1971. The petitioner appeared in the Central Competitive Examination in 1974 to improve his merit. He was duly selected and allocated to the Income Tax Group, which he joined in 1977 after completing the requisite training in the Civil Service Academy. Thereafter, the petitioner submitted an application dated 9-3-1988 to the respondents expressing his intention to be reverted to his parent group, that is to say, the -Office Management Group. The application was rejected on 2-10-1988. Consequently, the petitioner approached the Federal Service Tribunal for redress of his grievance, whereupon his appeal was accepted and the Federal Government was directed to accept the petitioner's request for reversion to the Office Management Group with all consequential benefits.
3. In pursuance of the decision of the Federal Service Tribunal, the petitioner presently Inspecting Assistant Commissioner, Income Tax Zone `A', Lahore (BPS-19) is being reverted to the Office Management Group as Section Officer (BPS-17) and posted as such in the Ministry of Food and Agriculture vide Notification bearing No.2/3/77-OMG.II, dated 26-10-1991.
4. The grievance of the petitioner is that Mr. Muhammad Aslam Sanjrani, an officer of the Office Management Group originally, was working as PCS Officer, Sindh Government as Deputy Commissioner/Magistrate, on his reversion to Office Management Group was placed at his original position in the seniority list. He was never asked to join the Office Management Group in BPS-17 but discriminatory- treatment has been meted out to the petitioner. The next grievance is that the petitioner had earned the promotion step by step by efflux of time and he cannot be deprived of the earned promotions on the basis on the impugned notification.
5. Mr. Muhammad Ilyas Khan, learned counsel for the petitioner, argued that the order of the Service Tribunal should be implemented as a whole and not in bits and pieces. The submission is that his reversion is inter-linked with consequential benefits and both should be given effect to simultaneously.
6. Mr. Aftab Iqbal Chaudhry, learned Deputy Attorney-General, has filed a comprehensive report on behalf of the respondents, wherein it is inter alia stated that the post of Deputy Secretary (BPS-19) is filled in by promotion from amongst the BPS-18 officers of the Office Management Group. After the petitioner's reversion to the Office Management Group, he will be posted at proper seniority and considered for promotion to the post of Section Officer (BPS-18) and as Deputy Secretary (BPS-19) in the prescribed manner. His suitability for the higher post will be assessed for the purpose of promotion on the basis of his service record in due course. The submission is that the order of the Tribunal has been implemented in letter and spirit by issuing notification for the reversion of the petitioner to the Office Management Group and once reversion takes legal effect and the petitioner joins duty as Section Officer (BPS-17) in - the Office Management Group, he can be allowed the consequential benefits of his reversion.
6-A. The departmental record produced before the Court by Mr. Khizar Hayat, Deputy Secretary, Establishment Division, shows that the case of Mr. Muhammad Aslam Sanjrani was identical with that of the petitioner. However, the same treatment has not been met out to the petitioner on the ground that the precedent case has no preference over law. Guidance can be sought on the controversy raised herein in the case of Federation of Pakistan v. Arbab Mukhtar Ahmad (1986 SCM R 236). In this case Arbab Mukhtar Ahmad, who was initially appointed in Grade-18, improved his grade step by step after competing the lateral entry but he was not posted to any position in Secretariat Group. His lien in Police Department was neither suspended nor terminated nor he was willing to terminate his lien in the Police Group. The respondent was held entitled to fixation of his seniority in Grade-18 from the date of his confirmation till the date of consequential benefits.
7. Be that as it may, the controversy raised herein relates to the terms and conditions of service of a civil servant, which cannot be entertained by this Court in view of the bar contained in Article 212 of the Constitution. If the respondents have passed any order in conflict with the decision of the Service Tribunal, the petitioner may, if so advised, approach the Tribunal again for redress of his grievance but no direction can be given by this Court in these proceedings.
With the above observation, the writ petition is disposed of.