1. ' The petitioner being aggrieved of the order, dated 24-9-1998 passed by the Registrar Cooperatives, Lahore and order, dated 6-7-1999 passed by the Secretary Cooperative, Government of the Punjab, Lahore has preferred this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 before this Court. Initially the petitioner was appointed as clerk in the Rawalpindi Central Cooperative Bank in the year 1960 and was promoted as Junior Accountant in the year 1976. The petitioner while serving as Junior Accountant was deputed to discharge function as Branch Manager of the Wah Cantt and later was sent to take over the charge as Manager of Attock Central Cooperative Bank Limited, Cambellpur as replacement of the then Manager. The petitioner was subsequently transferred to Zonal Office, Rawalpindi vide orders, dated 1-10-1973 passed by the Zonal Chief, Provincial Bank Branch, Rawalpindi. Upon the dissolution of Cooperative Bank in the Punjab under section 42(4) of the Ordinance XL of 1976 called the establishment of Federal Bank for Cooperatives and regulation of Cooperative Banking Ordinance, 1976. The services of the employees of the Cooperative Banks in Punjab were transferred to the Punjab Provincial Cooperative Bank Limited. The employees of the Cooperative Banks would deem to be the employees of the Provincial Cooperative Banks Limited on the terms and conditions to be specified by the Punjab Provincial Cooperative Bank or Provincial Government as the case may be.
2. The tentative seniority list of the Central Cooperative Bank Limited, Rawalpindi were published on 19-10-1976 and the petitioner was shown at Serial No,6 of the said seniority list. The petitioner being dissatisfied with his position in the seniority list made a representation to the General Manager, Punjab Cooperative Bank Limited that he was senior to Muhammad Munir Malik who has been shown at Serial No,5 in the seniority list. Pending disposal of the representation of the petitioner, the provisional integrated seniority list of General Manager, Manager, Accountants, Sub-Accountants, Head Cashiers and Supervisor of. The Punjab Provincial Cooperative Bank Ltd., was issued on 20-12- 1976. The petitioner was shown at Serial No,6 in the seniority list in the cadre of Sub- Accountant/Assistant Accountant. The petitioner gave a legal notice to the Registrar Cooperatives to the effect that he was working as Manager, Attock - Central Cooperative Provincial Bank Limited, Cambellpur on 19-7-1976 at the time of dissolution of the Bank and promulgation of the Federal Bank for Cooperative and Regulations of Cooperative Banking Act, 1977 and required the Registrar for the fixation of his seniority as Manager in the seniority list w,e,f, 20-8-1976, which was of the appointment. The petitioner thus voiced his grievance before this Court by way of filing Constitutional Petition bearing No,623 of 1988 and sought declaration that he was promoted as Manager vide order, dated 20-8-1976 and was no more a Junior Accountant therefore, his seniority was required to be reckoned as. Manager from the date of his appointment as mentioned and he was to be considered accordingly. The writ petition was dismissed with the observation that in the light of the order, dated 9-8-1976 passed by the General Manager and the resolution of the Management Committee dated 12-8-1976 of Rawalpindi Central Cooperative Bank, the service of the petitioner was lent to the Central Cooperative Bank, Attock on deputation with the entitlement to get the privileges of Manager. The petitioner being dissatisfied with the order, dated 21-9-1994 passed by the learned Single Judge in writ petition preferred I.C.A. Bearing No,17 of 1994 which was disposed of by a Division Bench vice order, dated 11-6-1998 in the following terms:-- "The appellant filed a writ petition to challenge the order of revision through the Constitutional petition, which was dismissed vide order, dated 21-9-1994. It is argued that the appellant made a representation against the impugned order on 20-12-1981 appended as Annexure-D and thereafter also served a legal notice on Registrar, Cooperative Societies, Punjab, on 10-6-1987 but no heed was paid to the notice.
(2) Learned counsel for the respondent states that it is in fact a dispute about the seniority and the appellant has already been promoted twice. Learned counsel for the appellants submits that at the moment he is satisfied, if the Registrar, Cooperative Societies disposes of his representation.
(3) In this view of the matter, this appeal is disposed of with the direction that Registrar shall dispose of the representation, Annexure D in any case by 15-7-1998 under intimation to the Additional Registrar of this Court. Learned counsel for the parties are to inform the Registrar of this Court.
3. (Sd.)
4. (IHSAN UL HAQ CHAUDHARY), JUDGE."
5. ' The Registrar, Cooperative Societies Punjab, Lahore in pursuance of the direction of this Court in I.C.A. No,17 of 1994 disposed of the representation, dated 20-12-1981 of the petitioner vide order, dated 24-9-1987 with the following observation:-- "Careful examination of the record and facts of the case reveal that Mr. Muhammad Munir Malik was granted Junior Accountant's grade on 1-11-1974 when the petitioner (Mr. Abdul Hameed) was under inquiry on account of issuing an illegal overdraft being Branch Manager (in the cadre of clerk), Kahuta. The petitioner was granted Junior Accountant's grade on 9-8-1976 when he was sent on deputation to Attock Central Cooperative Bank Limited, Cambellpur (dissolved) where he was posted as Manager. In the inter se seniority list as on 19-10-1976 of the employees of the Rawalpindi Central Cooperative Bank Limited he was rightly placed junior to Mr. Muhammad Munir Malik on the basis of their promotion. Further, his posting in the Attock Central Cooperative Bank Limited, Cambellpur as Manager does not infer any right of seniority as Manager since he was sent on deputation with the condition that as long he is working there on deputation this promotion will continue otherwise it will be at the discretion of the Managing Committee or General Manager to revert him, therefore, his seniority has to be reckoned in the parent Bank (Central Cooperative Bank Limited, Rawalpindi). Moreover, he had twicely been promoted; as Officer Grade II in. 1988 and a District Manager on 7-2-1990. The dispute regarding his seniority position in the dissolved Central Cooperative Bank is a past and closed transaction. He is accepted subsequently promotion on the basis of previous seniority list. The Central Cooperative Banks were dissolved on 19-10-1976. Hence, it is too late a day to reconsider a matter barred by time. His case fails on merits and as well as on grounds of inordinate delay by invoking a cause said to have arisen in 1974.
(5) In view of above, his representation dated 20-12-1981 is dismissed accordingly."
6. ' The petitioner then preferred a revision under section 64 of the Cooperative Societies Act-, 1925 before the Secretary Cooperative, Government of the Punjah against the order of the Registrar and the Secretary vide order, dated 6-7-1999 dismissed the revision petition with the following observation "that Central Cooperative Bank was dissolved on 19-10-1976, therefore the issues and disputes pertaining to the period and time prior to 1976, could hardly be agitated. The final seniority list of the Senior Manager and District Manager was published on 30-4-1996 by the General Manager, Punjab Provincial Bank Limited, Lahore after decision the appeals preferred by the aggrieved persons. This list was circulated on 21-11-1996. The petitioner ought to have filed an appeal if he was aggrieved. The petitioner in the present petition has agitated that he was wrongly treated as Sub-Accountant in the provisional seniority list and final seniority list and in consequence thereto he was deprived of his legitimate right of promotion in the cadre in which he was holding his post in the year 1976". The learned counsel for the petitioner has contended that the case of the petitioner was made complicated on technical grounds without attending the question relating to this entitlement of seniority in the cadre of Manager. The claim of the petitioner is that he having earned promotion was a regular Manager at the time of the dissolution of Cooperative Bank in the year 1976 whereas according to the stand taken by the respondent the petitioner being junior accountant was on deputation with Cooperative Bank, Attock and upon dissolution of the bank he was rightly placed in the cadre of Junior Accountant in the seniority list and had no right to claim the senior as Manager w,e,f August 1976. The Registrar Cooperative treated the dispute of seniority relating to the period prior to the, dissolution of Central Cooperative Bank a past and closed transaction and the observation of the Secretary, Punjab Cooperative Societies in the order, dated 6-7-1998 was that the petitioner having not preferred any appeal/representation against the seniority list finally published on 21-11-1996 was not entitled to challenge the same.
7. ' The perusal of the order of the Registrar, Cooperative Societies and Secretary, Cooperative Societies would show that the case of the petitioner was not considered in the light of the rules governing the service of the employees of Punjab Cooperative Bank Limited, 1980 framed under the bye-laws. Under the said rules, cadre has been defined in rule 3(c) as under:--
(c) "Cadre" means the strength of service sanctioned as a separate unit and includes a probationer as defined under sub-clause (h)."
8. ' Under rule 3(1) service has been defined as under:-- "Service" includes the period during which an employee is on duty as well as on leave duly authorized by a competent authority, but does not include any period for which an employee is absent from duty without permission or overstays and his leave unless specifically permitted by the competent authority."
9. ' The competent authority under this rule is Board of Directors or its delegatee. Chapter II of the abovesaid rules deals with the matters relating to the appointment, probation and termination of services.
10. ' Under rule 6(b) (iv), the Manager has been defined as under:-- "Manager previously called as Accountants, Assistant Accountants, Sub-Accountants and Junior Accountants)."
11. ' The seniority inter se of the members, of service in the various scales is determined under Rule 13, Chapter 3 of the abovesaid rules which provides as under.-- - "(a) From the date of appointment in the scale;
(b) in the case of members appointed by initial recruitment, in accordance with the order of merit assigned by the appointing authority;
(c) in the case of members appointed on promotion with reference to the date of their continuous appointment therein, provided that if the date of continuous appointment in the case of two more members of the service is the same, the elder officials/officers if not junior to the younger officials/officers in lower rank shall senior."
12. ' Previously the employees of Provincial Cooperative Bank Ltd., ' Lahore were being governed by the Punjab. Provincial Cooperative Bank Ltd. Staff Service Rules, 1963. The classification of the staff for the purposes of appointment, probation and termination of service was made in Chapter II, rule 6 of the said Rules as under:-- "(A) General Manager.
13. (A-0 (i) Deputy General Manager.
(ii) Chief Manager at Head Office and Zonal Chiefs at Zonal Headquarters.
14. Note.-- The post of Chief Manager at Head Office is equivalent and interchangeable with that of Zonal Chief.
15. (B). (i) Senior Manager at Head Office and Zonal Offices and District Managers at District Headquarters (classified as under):-- ' Note.--The posts of Senior Managers and District Managers are equivalent, interchangeable.
(ii) Chief Cashier at Head Office.
(iii) Civil Engineer at Head Office.
(iv) Managers (previously called as Accountants, Assistant Accountants, Sub-Accountants and Junior Accountants).
16. ' The post of Managers at Head Office, Tehsil Offices and Branches are equivalent and interchangeable. A person holding charge of the post of Manager/District Manager on the date coming into force of these Rules will not be treated as Manager unless he is promoted to this post.
(v) Public Relation Officers. Officers (Category-II):
(i) Head Cashier.
(ii) Supervisors.
(iii) Officers (previously called as Officers Grade-III).
(iv) Sub-Engineers."
17. ' The seniority of the employees in their respective grade was to be determined under Chapter 3 of rule 22 of the said Rules. The abovesaid Staff Service Rules, 1963 were superseded by the subsequent rules namely Punjab Provincial Cooperative Bank (Staff) Service Rules, 1986. The subsequent rules were, however, not made applicable to the cases already decided under the previous rules. The representation of the petitioner dated 20-12-1981 was decided for the first time vide order, dated 24-9-1998 passed by the Registrar under the direction of this Court in the light of the seniority list published under Punjab Provincial Cooperative Bank (Staff) Rules, 1986. The perusal of the order under challenge and the order passed in the Writ Petition No,623 of 1988 in the light of above-referred rules, I find that the dispute relating to the seniority of the petitioner was not considered either by the Registrar or by the Secretary in the light of the abovesaid rules. The petitioner admittedly was discharging his function regularly a Manager on promulgation of establishment of Federal Bank for Cooperatives and Regulation of Cooperative Banking Ordinance, 1976, and therefore, the dispute relating to his seniority was essentially required to be determined under the existing rules namely Punjab Provincial Cooperative Bank Ltd. (Staff) Rules, 1986 in the cadre of Manager but unfortunately he was placed as Sub-Accountant in the provisional seniority list published in the year 1981 and later the Registrar and the Secretary, Cooperative Societies while / disposing of his representation treated the matter either as past and closed transaction with observation that he having failed to challenge the seniority list dated 21-11-1996 by way of appeal could not retrace his step for the purpose of seniority to the period prior to the promulgation of Federal Bank for Cooperatives and Regulation of Cooperative Banking Ordinance, 1976. The dispute relating to the seniority of the petitioner was required to be dealt with under the subsequent Rules published in the year 1986 but neither the Registrar nor the Secretary has considered the case of the petitioner under the said rules. In nutshell the claim of the petitioner to determine his seniority as Manager w,e,f, his date of appointment as Manager on regular basis in the year 1976 was not considered either in the light of the previous rules or existing rules and in consequence thereto the right of the promotion of the petitioner was definitely prejudiced. The issue decided in the earlier petition was confined only to the extent that prior to 1976 the petitioner was on deputation and therefore would not be in a position to claim seniority on the basis of his position as deputationist.
18. However, that order would not be a bar for the petitioner to file the present petition for the simple reason that the representation of the petitioner was decided under the direction of this Court in the I.C.A. And the present petition was preferred against the order passed in the representation. The learned counsel representing the respondent has raised objection relating to the maintainability of this petition on the ground that it being a service matter cannot be entertained by this Court in exercise of its Constitutional jurisdiction under Article 199 of Islamic Republic of Pakistan; 1973 due to the Bar contained in Article 212 of the ibid Article. The learned counsel added' that the Cooperative Society is an autonomous body and the employees of the respondent would be governed by the principle of master and servant therefore the respondents are not amenable to the Constitutional jurisdiction of this Court. The learned counsel for the respondent also sought dismissal of this petition on merits with the contention that the order in the writ petition was not set aside in the I.C.A. By the Division Bench nor there was any fresh cause of action in favour of the petitioner to bring this petition. The learned counsel with reference to the order passed by the Registrar and Secretary of the Cooperative Societies contended that there was no question of law involved in the present petition and the claim of the seniority by the petitioner on the basis of factual controversy would not be adudicatable by this Court in its Constitutional jurisdiction. The objection relating to the maintainability of this petition and the adjudication of the issue in the writ petition as observed in the earlier para. Having no substance are not entertainable.
19. ' For the foregoing reasons, I allow this writ petition set aside the order, dated 24-9-1994 passed by the Registrar, Cooperative Societies and order, dated 7-6-1999 passed by the Secretary, Cooperative Societies Lahore without lawful authority and remand matter to the Board of Directors for determination of the seniority of the petitioner in the light of the Service Rules applicable to him and consider his case for promotion afresh in the light of his correct position in the seniority list.
20. There shall be no order as to costs.