1. SAIDUZZAMAN SIDDIQUI, J.---The abovementioned six appeals with the leave of this Court are directed against the judgment of Federal Service Tribunal dated 18-1-1993 whereby the Service Tribunal allowed services appeals of respondents No,1 in the above appeals (hereinafter to be called, for the sake of convenience, as respondents only) and directed the appellant to give effect/implement the advice of Establishment Division dated 24-9-1989 and report compliance of the direction of the Tribunal within three months. Leave was granted in the cases to consider the following contention raised by the appellants:-- "Leave to appeal is granted to inter alia consider whether the learned Tribunal was right to direct the induction of six upgraded research officers of Food and Agriculture Division in the Economist Group administered by the Planning and Development Division in contravention of the relevant service rules. The operation of the order of the learned Tribunal will remain suspended during the pendency of the appeals."
2. The relevant facts of the cases are that under the Administrative Reforms of 1976, the Government of Pakistan created an Economists Group which comprised of Research Officers (PBS-17) working in different Ministries/Divisions. In the year 1983, the Government decided to upgrade the posts of Economic/Statistical Investigators to BPS-17 and redesignated them as Economic/Statistical Officers, As a result of this reorganization, the officers who were working as Economic/Statistical Investigators were redesignated as Economic/Statistical Officers, placed in PBS-17 and inducted in the Economists Group. It appears that the respondents who were serving as Research Investigators (BPS-16) at the relevant time, were not benefited by the above upgradation order of the post of Economic/Statistical Investigator although they possessed the same qualification, as in the upgradation order there was no mention of the equivalent post of the Research Investigators, The respondents, accordingly, made a representation to the Establishment Division praying for upgradation and redesignation of their post as Research Officers by promoting the incumbents to BPS-17. The Establishment Division by notification dated 24-4-1986 upgraded the post of Research Investigators from BPS 1 to 16 BPS-17 and redesignated the same as Research Officers, As a result of this redesignation, 12 officers who were working as Research Investigators in BPS-16 were appointed and redesignated as Research Officers in BPS-17 in Planning Unit of the Food and Agriculture Division, Islamabad, w,e,f. 10-4-1986 (forenoon). The respondents were also among those 12 Research Investigators who were promoted and redesignated as Research Officers BPS-17. The notification dated 24-4-1986 issued by the Establishment Division further provided that the officers promoted and redesignated as Research Officers have relinquished the charge of the post of Research Investigators (BPS-16) and assumed the charge of Research Officers (BPS-17) in the Ministry of Food and Agriculture (Planning Unit) on the same date. After being appointed as Research Officers BPS-17 the respondents approached the Planning and Development (P & D)
3. Division, through Ministry of Food and Agriculture to induct them in the Economists Group of Officers in BPS-17 and to include their names in the relevant gradation list. The Ministry of Food and Agriculture on 3-9-1986 forwarded the particulars of respondents in the prescribed pro forma for inclusion of the names of the respondents in the revised gradation list of BPS-17 Officers in the Economists Group. However, in the provisional gradation list prepared by the P & D Division the names of the respondents did not appear whereupon they made a representation against the provisional gradation list prepared by P & D Division. The Ministry of Food and Agriculture further appears to have addressed two more Office Memorandums (O.Ms.) dated 29-12-1987 and 31-12- 1987 to the P & D Division pointing out the omission from the gradation list circulated under the memorandum of P & D Division dated 16-12-1987 and requested that the names of the respondents who were upgraded on 10-4-1986 as Research Officers may be included in the Economists and Planners Group as earlier requested by the Food and Agriculture Division.
4. On 7-3-1988, the P & D Division informed the Food and Agriculture Division that the matter regarding induction of the respondents in the Economists/Planners Group is under consideration of Establishment Division and as soon as the decision in this regard is received by the Planning Division, action will be taken accordingly. The final gradation list circulated by P & D Division through letter dated 21-3-1988 which superseded the earlier provisional list dated 16-12-1987 however, did not contain the names of the respondents. On 16-6-1988 the Food and Agriculture Division enquired from the Planning Division if any reply was received from the Establishment Division regarding induction of the respondents in the Economists and Planners Group. This was followed up by several O.Ms. Addressed by Ministry of Food and Agriculture to the Planning Division requesting early action in the matter. There was further correspondence between the Planning Division and the Cabinet Division on the question of induction of respondents in the Economists and Planners Group and finally the Cabinet Secretariat, Establishment Division vide letter dated 24- 9-1989 sent the following advice to the Planning Division:- "Government of Pakistan Cabinet Secretariat Establishment Division, No,2/5/84-CP.2 Islamabad, the 24th September, 1989.
5. OFFICE MEMORANDUM.
6. SUBJECT: INDUCTION OF UPGRADED RESEARCH OFFICER/PLANNING OFFICER/SURVEY OFFICER IN THE ECONOMISTS GROUP.
7. The undersigned is directed to refer to Planning and Development Division's O.M. No,2(2) EG/PD/85, dated 28th January, 1988, on the above subject and to inform that competent authority has approved that six posts of Research Officer (upgraded) may be included in the cadre strength of Economists Group and their present incumbents be inducted accordingly.
8. These Research Officers will get seniority from the date of their regular appointment to the posts in BPS-17. The Planning and Development Division is also requested to take up the case regarding up- gradation of three posts of ROs to that of Assistant Chief PBS-18 separately.
9. (Sd.)
10. (Malik Gulab Khan)
11. Section Officer.
12. Planning & Development Division (Mr. Muhammad Ismail, Section Officer), Islamabad.
13. Copy forwarded to the Ministry of Food and Agriculture (Planning Unit) with reference to their O.M.
14. No,AE/Admn (489)74, dated 21-9-1988.
15. (Sd.)
16. (Malik Ghulab Khan), Section Officer."
17. As a follow-up of the O.M. Dated 24-9-1989 issued by the Establishment Division, the Ministry of Food and Agriculture addressed an O.M. Dated 13-12-1989 to the Establishment Division requesting them to ask the Planning and Development Division to implement the decision of the Establishment Division dated 24:9-1989 by inducting the respondents in the cadre strength of Economists Group. It appears that in the meantime one of the respondents, namely, Muhammad Aleem Khan made a representation to the Planning Division for induction of his name as well as the names of his 5 other colleagues in the Economists Group in pursuance of the directive of Establishment Division dated 24-9-1989. This representation of respondent Muhammad Aleem Khan was forwarded by the Food and Agriculture Division to the Planning Division on 8-4-1990. It was in response to this representation of Mr. Muhammad Aleem Khan (respondent in Civil Appeal No,356 of 1993), the Planning Division informed the Ministry of Food and Agriculture regretting their inability to induct the said Muhammad Aleem Khan, Research Officer, Ministry of Food, Agriculture and Cooperatives in the Economists Group on the ground that Rules notified on 3-10-1984 for recruitment of posts in the Economists Group did not permit such inductions. It was in the above stated background that the respondents preferred service appeals before the Federal Service Tribunal which were allowed and the Government of Pakistan, Planning Division, was directed to induct respondents in the Economists and Planners Group constituted by the Government in 1976 in the cadre of officers in BPS-17, by implementing the directive of Establishment Division dated 24-9-1989.
18. The learned Deputy Attorney General in support of the above appeals contended that the upgradation and promotion of respondents as Research Officers in BPS-17 was in contravention of the recruitment rules notified on 3-10-1984 and as such the P & D Division was justified in refusing to give effect to the directives of the Establishment Division, regarding induction of respondents in Economists and Planners Group constituted by the Government in the year 1976. It is also contended by the learned DyA.-G. That at the time the post of Research Investigators was upgraded from BPS-16 to BPS-17 respondents were not working as Economic Investigators and as such they were not qualified to be appointed in the Economists Group as they did not possess the minimum qualification prescribed for that post. The contention of DyA.-G. Has not pressed us at all.
19. From the facts referred to above, it is quite clear that the P & D Division had at no time questioned the upgradation of the post of Research Investigators to that of Research Officers and consequent promotion of the respondents in BPS-17. In fact the learned DyA.-G. Once again stated before us that the appellants do not question the validity of the order upgrading the post of Research Investigators from BPS-16 to BPS-17 and redesignating the same as Research Officer (BPS-17). From the material on record it appears, that the main objection of P & D Division against the induction of these respondents in the Economists Group was that the seniority of other officers already working in BPS-17 will be disturbed. This objection of P & D Division was not sufficient to debar the respondents from induction in the Economists and Planners Group constituted by the Government in 1976. It is not disputed before us that the upgradation of the post of respondents from Research Investigators to Research Officers in BPS-17 was done by the competent authority. In Rule 8(2) of the Rules of Business 1973, it is clearly provided that if there is a difference of opinion between the two Divisions of the Government the Minister primarily concerned shall try to resolve the difference in consultation with the other Minister concerned and in case no agreement is reached and the Minister primarily concerned desires to press the case, the case shall be submitted to the Prime Minister and if the Prime Minister so desires to the Cabinet. The learned DyA.-G. Has not been able to point out from the material before us in these cases that the opinion given by the Establishment Division vide Memo. No,2/5/84-CP.2 dated 24th September 1989 in respect of the induction of respondents in the Economists Group was specifically dissented to by the P & D Division, but it is argued by the DyA.-G. That it can be inferred by way of implication that P & D Division did not agree with the opinion of the Establishment Division while rejecting the representation of one of the respondents Muhammad Aleem Khan. This. Argument on its face does not appear to be correct as even while rejecting the representation of Muhammad Aleem Khan the P & D Division did not make any reference to the opinion of the Establishment Division dated 24th September 1989 and therefore, it cannot be concluded that the P & D Division had disagreed with the opinion of the Establishment Division dated 24th of September 1989 referred to above. However, assuming that the decision on the representation of one of respondents Muhammad Aleem Khan by the P & D Division amounted to expressing an opinion contrary to the opinion given by the Establishment Division in this regard, the matter had to be referred to the Prime Minister in accordance with Rule 8(2) of the Rules of Business, 1973. The learned DyA.-G. Has fairly and candidly placed before us a summary dated 30-12-1991 prepared for the Prime Minister on the appeal preferred by the respondents in which the entire history of the cases was narrated. The Prime Minister Secretariat on the aforesaid summary asked the Establishment Division to make a reference to the Federal Public Service Commission (FPCS) and seek their guidance in the matter, on 26-5-1992. In pursuance of this directive of the Prime Minister the matter was referred by the Establishment Division to FPSC which by its letter dated 22-3-1993 gave the following opinion with regard to the induction of respondents in the Economists Group:-- From: Muhammad Khushnud, Director.
20. To : Mr. Fayyaz H. Zaidi, Section Officer (CP-2), Cabinet Secretariat, (Establishment Division), Government of Pakistan, Islamabad.
21. Subject: INDUCTION OF SIX RESEARCH OFFICERS IN THE ECONOMISTS GROUP.
22. Sir, I am directed to refer to the correspondence resting with your Letter No,2/5/84-CP.2, dated 20th December, 1992 on the above subject and to say that the commission has examined the case in detail. The issues raised before the Prime Minister have since been settled, though at a different forum viz. The Federal Service Tribunal, who have admitted the petition and decided in favour of the aggrieved employees.
2. The Planning and Development Division had raised the following objections to the absorption of the aggrieved Research Officers in the Economists Group: Some of the persons did not possess the prescribed minimum qualification i,e. Master's degree in Economics in Second Division; and
(ii) A belated and retrospectively operative promotion/absorption would disturb the seniority in the Economists Group and would lead to litigation.
3. The first objection of the Planning and Development Division is not tenable as the said condition of second class Master's degree was relaxed in respect of some 13 Research Officers who were inducted in the Group as per gradation lists amended from time to time vide Planning and Development Division's O.M. No,2(2) EG/PD/85, dated 16th December 1987, 21st March 1988 and 13th July 1988. If this condition could be relaxed for 13 inductees, there is apparently no reason why the waiver should not be extended to the others, As regards their inter se seniority, the Federal Service Tribunal has attributed the hardship to the failure of the Government to implement the decision of the competent authority.
4. In view of the above, the Commission advises that the. 6 aggrieved Research Officers may be inducted in the Economists Group as per Establishment Division's advice of 24-9-1989.
23. The summary presented to the Prime Minister in this regard was in the meantime returned by the Prime Minister to the Secretary Establishment on 29-3-1992 and thereafter on 28-6-1993 the Establishment Division through its memorandum of the same date forwarded the comments of the FPSC to the Planning and Development Division for necessary action under intimation to the Establishment Division.
24. From the above narration of facts, it is quite clear that the post of Research Investigators was upgraded to BPS-17 and redesignated as Research Officer under the orders of competent authority and the induction of the respondents as Research Officers in BPS-17 in the Economists Group was approved by the competent authority and this decision of the competent authority was communicated to P & D Division by the Establishment Division vide its O.M. Dated 24-9-1989. In these circumstances, the contention of the learned DyA.-G. That the induction of the respondents was in contravention of the recruitment rules has no force. The recruitment rules dated 3-10-1984 relied by the learned DyA.-G. Provided for filling up of the posts of Research Officers (BPS-17) 100% through initial appointment. On the contrary the Administrative Reforms of 1976 which created the Economists Group provided for recruitment to 75% of posts in BPS-17 by direct recruitment and 25% through promotion on the basis of selection. It is, therefore, quite clear that the decision to upgrade the posts of Research Investigators from BPS-16 to BPS-17 and to redesignate it as Research Officer (BPS-17) by the competent authority was taken in accordance with the provisions of the Administrative Reforms of 1976 which could not be invalidated on the strength of recruitment rules of 1984. We may additionally, mention here that it was admitted before us by the learned DyA.-G. As well as the representative of P & D Division during the course of hearing of these appeals that on 18-11-1984 in identical circumstances 6 Research Investigators who were upgraded as Research Officers were inducted in the Economists Group constituted by the Government in 1976 although they did not qualify for appointment as Research Officers in terms of recruitment rules which came into effect on 3rd of October 1984. The learned DyA.-G. Very candidly stated before us that he was unable to point out any distinction between the cases of 6 officers inducted in the Economists Group on 18-11- 1984 and the respondents.
25. As a result of above discussion, we do not find any ground to interfere with the order of Service Tribunal which simply directed the authorities concerned to implement the decision of the Establishment Division dated 24-9-1989. These appeals, accordingly, fail and are dismissed with no order as to costs in the circumstances of the cases. 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.