1980 PLP (C (PLC(CS))

M. SALEEM CHAUDHRY (CHAIRMAN).

Haji Dur Muhammad Chishti has filed this appeal against the order of his compulsory retirement dated 12‑3‑1975 and the order of the Commissioner, Bahawalpur Division dated 2‑6‑1975 which superseded the previous order of 12‑3‑1975.

2. The facts of the case are that the appellant completed 25 years service in 1971. 1n 1973 the appellant's case for continuation in service was scrutinised by the competent authority under Article 178 and Article 221(4)(x) of the Interim Constitution of 1972. The appellant was found suitable for continuation vide order of the Commissioner dated 20‑2‑1973. In August, 1973, the new Constitution came into force and the Punjab civil Servants Act, 1974, was enacted. The Commissioner, Bahawalpur, by his order dated 12‑3‑1975 retired the appellant under section 12 of the Punjab Civil Servants Act, 1974.

3. The appellant has assailed his retirement on the following main grounds:‑ (a) That he being the holder of NPS‑16 according to rule 6 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, the Government was the competent authority and not the Commissioner as such the impugned order passed by the Commissioner, Bahawalpur Division was wholly without jurisdiction. (b) That his case had already been scrutinized in August, 1973, under the permanent Constitution of Pakistan. Therefore, the second scrutiny and subsequent retirement of the appellant under section 12 of the Punjab Civil Servants Act, 1974, was uncalled for and incompetent. It was particularly so as his record after 1973, had been quite satisfactory.

4. The learned Government Pleader contended that tire appellant at the relevant time was employed as Superintendent in the Office of D. C. Rahimyar Khan in relation to which post the Commissioner, Bahawalpur Division was the competent authority. As regard NPS 16 held by the appellant, it was submitted that it was admissible to the appellant on the ground of his personal qualifications and background of his service, otherwise the post of Superintendent held by the appellant was within the competence of the Commissioner concerned. He therefore submitted that the objection of the appellant had no force. As regards other points, it was open to the Govern ment to take decision under section 12 of the Civil Servants Act at any time and the previous scrutiny was no bar.

5. After hearing both the parties we are of the view that since the scrutiny already made in 1973, had held the appellant suitable to continue and nothing else has been shown on the record to warrant retirement of the appellant ordered in this case, the order under appeal cannot be upheld. The perusal of record revealed nothing adverse against the appellant after 1973.

6. The first point raised by the appellant does not appear to be valid. The following portion of the definition of the grade contained in the Punjab e Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1974, furnishes a complete answer to the objection:‑ "Provided further that in case of a person whose pay has been fixed in the national scale of pay corresponding to the pre‑national scales selection grades or who moves over to the next higher national scale of pay without change in the nature of duty and assumption of higher responsibilities or tinder prescribed conditions after reaching the maximum of the lower national scale or pay `national scale of pay' means the lowest national scales of pay admissible for his post."

7. In view of above, the appellant had actually drawn the salary in National Pay Scale No. 16 will have to be deemed to hold NPS No. 13 normally admissible to the holders of the post of Superintendent in the Office of Deputy Commissioner of a District. Thus for the purpose of this appeal, the appellant shall have to be deemed to hold NPS No.

13. The objection is accordingly repelled.

8. However, in view of our finding on the second point, the appeal merits to succeed. The appeal is accordingly accepted and the impugned orders are set aside. Order accordingly.