ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---The facts of this appeal are that appellant Muhammad Banaras was appointed as LDC (Grade-5) in the Central Govern' ment Hospital, Rawalpindi with effect from 29-5-1976, by office order dated 1-7-1976, and thereafter, the entire staff was transferred en bloc alongwith some others to Islamabad Hospital Complex vide office order, dated 20th October, 1983. He was appointed and redesignated as Storekeeper (BPS-7) with effect from 1- 4-1990 although he was holding post of UDC. He was further promoted/appointed as Superintendent (General Stores) in BPS-16 and adjusted against the post of Librarian (BPS-16) in the College for Nursing vide Notification, dated 3rd February, 1983, till creation of post of Superintendent, General Store in QPGMC. Consequently, by office order, dated 9th March, 1994 passed by the Executive Director, PIMS, the appellant was reverted to his original post of Storekeeper with immediate effect. Being aggrieved, he filed departmental appeal which was dismissed by order, dated the 4th September, 1994 by the Ministry of Health. He then filed this appeal before this Tribunal and submitted that the appellant is senior and the post of Superintendent (B-16) is lying vacant. Therefore, the order of his reversion is illegal.
2. Dr. G. S. Khan, learned counsel for the appellant argued that the order of appellant's reversion was passed without affording him opportunity of being heard and as such, it is illegal and is liable to be set aside. It is submitted that the post of Superintendent (B-16) has been created and is lying vacant, therefore, the appellant is eligible therefor and the impugned order be set aside.
3. The admitted position is that the appellant was working in B-9 as Storekeeper and was temporarily promoted to B-16 as Superintendent General Stores against the post of Librarian (B-16) by order date 3-2-1993, and from this order it is clear that no post of Superintendent (B-16) was vacant at that time and no DPC was held and only the competent authority approved his promotion and adjusted him against the post of Librarian (B-16), which was altogether a different line of promotion being outside the cadre. The appellant himself has placed on record photo copies of Note-portions of departmental files wherefrom it is clear that the appellant was temporarily adjusted against the post of Librarian (B-16), in utter disregard of recruitment rules, as neither prescribed procedure for regular promotion was followed, nor he appeared before the Selection Committee. The record also shows that the appellant made an appeal to the Prime Minister which appears to have been forwarded to the Ministry of Health. The Ministry after examining the case sent a reply to the Prime Minister's Secretariat (Public) under Office Memorandum, dated 4th September, 1994, and the contents of the reply are reproduced hereinbelow:- "Subject: Appeal The undersigned is directed to refer to the Prime Minister's Secretariat Letter No, 12(13)/Pol- Secy/PM/94, dated 26-6-1994 addressed to the Executive Director, PIMS, Islamabad on the above subject and to say that according to a report submitted by the PIMS, Mr. Muhammad Banaras, UDC/Storekepeer (BS-7), PIMS was irregularly adjusted/redesignated as Superintendent (General Store) (BS-16) against the post of Librarian (BS-16). He was reverted to his original post alongwith such other irregular appointees in pursuance of a policy decision.
(2) As regards his request for appointment as Superintendent (General Store) (BS-16) fallen vacant in the PIMS, it is stated that according to the PIMS (Service) Regulations, the said post is to be filled by 100% direct recruitment for which necessary qualification is B.A. (2nd Division) with 5 years' experience in General Store. He may apply against the said post as and when it is advertised and compete with other candidates.
(Sd.)
Muhammad Ikram Arif, Joint Secretary.
Prime Minister's Sectt. (Public), (Ms. Naheed Khan, Political Secretary to the Prime Minister), Islamabad."
It is, therefore, clear from the order of the appellate authority that the post of Superintendent (B-16) is to be filled 100% by direct recruitment, as provided in the Recruitment Rules, for which the appellant was allowed to make application when it is advertised and it is not a post of promotion. The very absorption of the appellant against the post of Librarian (B-16) was itself illegal and have not the scope of rules and an illegal order if recalled later cannot be restored. It was not a promotion post and, therefore, the appellant being a Storekeeper could not be promoted as Superintendent against a direct quota post.
4. For the reasons stated above, there is no illegality in the impugned order and the appeal is consequently dismissed in limine.