1. HAMZO KHAN M. KURESHI CHAIRMAN).-This appeal under section 6, Sind Service Tribunals Act is filed by the above-said 27 appellants who were working as Malies in Agricultural Department prior to October, 1955. Appel--lant No. 1 was promoted as Head Mali from 1-1-1969 in the scale of Rs. 40- 21-75-4-100. The appellants claim to have been appointed as Malies on permanent establishment in the Agricultural Department by the Minister of Agriculture in the former Khairpur State before Integration. They continued to draw their salaries as permanent employees of their department till March 1972 when the Finance Department of Sind Government in the Budget Estimates for the year 1972-73 gave their opinion that the posts of Head Malies and Malies "have been transferred to the P.
2. U. A. Contingen--cies" as they were not members of regular establishment. The appellants lost the benefits of their pay, seniority, and pension etc. By the above-said opinion of the Finance Department hence they filed the Suit No. 14 of 1973 in the Court of District Judge, Khairpur Mirs which abated on 1-6-1974 on the extension of the provisions of Article 212(2) of the present Constitution to this Tribunal. The appellants therefore filed the present appeal on 12-7-74. It was admitted on 31-7- 74 and the notices were issued to the respondents. The appeal came up for hearing on 31-8-74.
3. The record shows that both the respondents were served but no one appeared for them. They did not send their comments or objections. Respondent No. 1, however sent the copy of the notice of this Court to Extra Assistant Director of Agriculture, Khairpur to take further action in the matter but nothing was done thereafter. Reminders were issued to both the respondents on the same date and the case was adjourned to 23-9-74. On this date also none of the respondents appeared in Court nor did they send any reply or comments. However respondent No. 1, addressed a letter to respondent No. 2, with a copy to this Tribunal that be should take further action in the matter as it pertained to his department. One more reminder was sent to both the respondents informing them of the next date of hearing viz. 30-10-73 with a note that if they do not send their comments, the appeal would be heard and decided ex parte. The appeal came up for hearing today but none of the respondents were present in spite of service of a notice and to reminders. They had no courtesy even to inform this Court whether they at all wanted to defend the appeal. It appears the respondents either ignored this Court or did not want to contest the appeal. We have, therefore, no alternative but to allow the appeal and pass ex parte order against the respondents in terms of the prayer made by the appellants. The Government case has failed because both the respondents failed to represent their side.
4. The only important point in the case is whether the appellants were permanent employees of former Khairpur State which was subsequently integrated in West Pakistan. In this connection we have only the pleadings of the appellants. They assert that they were appointed by the Minister of Agriculture of former Khaipur State as permanent employees of Agricultural Department prior to October, 1955 and that according to the West Pakistan Establishment Act and Rules framed thereunder the terms and conditions of service after Integration could not be less favourable to them. Appellant No. 1, Intizar Hussain has produced a copy of the office order dated 7-1-69 by which he has been promoted as Head Mali in a regular scale mentioned above. He was appointed as Mali in 1953. The office order further shows that he was working as Mali in a regular scale of Rs.
5. 25-1-30 plus usual allowances. The appellants in their support have produced the copy of the teleprinter message dated 5-6-72 sent by the Director of Agriculture, Hyderabad to the Finance Department, Government of Sind, Karachi. In this teleprinter message it is clearly mentioned that Malies and Head Malies of Botanical Garden Scheme were permanent employees since the the of former Khairpur State and their budget grants were regularly communicated under primary unit pay of establishment ever since the the of Integration of one Unit. This document further shows that the Director of Agriculture his asked tae Finance Department that the budget allotment of Malies and Head Males should be provided on regular establishment and not on "Contingencies" as their scale starts from Rs. 100 per month. In spite of this teleprinter message the Finance Department did not make any reply. No reason is given for transferring the appellants (Malies) to "P.U.A.
6. Contingencies". Appellant No. 1, has also produced copy of the proceedings of the Interim Executive G.3uncil of Former Khairpur State held on 9-3-48. In this document it is shown that the Council passed the budget expenditure of the Gardens Department "As proposed". There is nothing on record to show that the appellants were paid from the contingencies at any stage either before or after the Integration. The appellants have been drawing salaries and all benefits of permanent employees since 1953 or 1955. Hence the terms and conditions of service cannot be altered to their disadvantage in the year 1972-73 i.e. After nearly 20 years. They would, therefore, continue to draw their salaries as permanent employees of the Agricultural Department and would be entitled to all the benefits attached to their posts, including pay, pension and seniority etc. We, therefore, allow the appeal as prayed. The parties are left to bear their own costs.