1991 PLP (C (PLC(CS))

(Sd.) Shafiq Ahmad ??????????? Second Secretary The Establishment Division (Mr. Rehmat Elahi, D.S.) Rawalpindi. Thereafter, the matter was referred to Collector of Customs (Preventive), Custom House, Karachi, by the Central Board of Revenue under letter dated 7-11-1979, followed by another letter dated 6-1-1980. Both the letters are reproduced below: CENTRAL BOARD OF REVENUE NO: 2/27/79-ACE-II.? Islamabad, the 7th November,

79. From ??????????? Mr. Shafiq Ahmad, ??????????? Second Secretary.??????????????????????????????? To??????????????????? The Collector of Customs (Preventive) Customs House, Karachi. Sub: APPOINTMENT OF MR LAEEO AHMED. INSPECTOR CE&LC KARACHI AS PREVENTIVE OFFICER IN THE CUSTOMS HOUSE. I am directed to forward herewith in original an application dated 12-9-1979, received from Mr. Laeeq Ahmed, Inspector, CE&LC Karachi for transfer of his services as Preventive Officer to the Customs House, Karachi, received through the ADC to the President vide his letter No.57/1/CMLA/ADC dated 2-10-1979 and to say that the matter was referred to the Establishment Division for consideration whose advice is reproduced below:

??????????? "The only course is to appoint Mr. Laeeq Ahmed under direct quota after D.S.C. selects him for appointment as Preventive Officer in NPS?

13. Thereafter the C.B.R. may seek relaxation of educational qualifications, experience etc. if required. The C.B.R. are, therefore, advised to observe the rules and complete all the formalities relating to direct recruitment rules". (2) It is requested that the application of Mr. Laeeq Ahmed may kindly be processed in the light of the Establishment Division's advice and the Board may kindly be informed of the progress of the case. Encl: as above. ??????????????????????????????????????????????????????????? ??????????? (Sd.) Shafiq Ahmad????????????????? ??????????????????????????????????????????????????????????????????????????????????? Second Secretary Copy forwarded for information to the ADC to the President (Captain Qamar Zaman) COAS House, Rawalpindi. (Sd.) Shafiq Ahmad Second Secretary." "GOVERNMENT OF PAKISTAN CENTRAL BOARD OF REVENUE No: 2/27/79-ACE-II.?????????????????????????????????????????????????? Islamabad, the January 6, 1980. From Mr. Ghulam Nabi, Second Secretary. To The Collector of Customs (Preventive) Custom House, Karachi. Sub: Appointment of Mr. Laeeq Ahmed Inspector CE&LC Karachi as Preventive Officer in the Custom House. I am directed to refer to your letter No. Reg. S-38-9/77-Estt (P), dated the 19th November, 1979, on the subject noted above, and to say that the Establishment Division have accorded approval to the appointment of Mr. Laeeq Ahmad Inspector, Central Excise and Land Customs (Grade?10) to the post of Preventive Officer (Grade-13) in view of provision made in the revised recruitment rules for Preventive Officer (Grade-13), for appointment of outstanding sportsman of National/International repute, in relaxation of educational qualifications/age etc. I am, therefore, to request that necessary action may be taken and a report furnished to the Board at an early date. (Sd.) Ghulam Nabi Second Secretary. Copy forwarded to the Establishment Division (Mr. Rehmat Ellahi, Deputy Secretary), Govt. of Pakistan, Rawalpindi for information with reference to their O.M. No. 12/1/79-DV(Pt), dated the 6th January, 1980. (Sd.) Ghulam Nabi Second Secretary." The order passed by the Collector of Customs (Preventive) has not been produced before us and the Central Board of Revenue has been totally non?-cooperative in this respect. The subsequent development is reflected in the office order dated 13-1-1980 issued from the office of the Superintendent, Central Excise and Land Customs, already reproduced above.

6. It is not disputed that the appellant joined the Collectorate of Customs (Preventive) as a Preventive Officer (BPS-13) on 14-1-1980. It appears that he had not totally severed his connections with the Collectorate of Central Excise and Land Customs as is evident from the letter dated 9-6-1982 addressed to him from that Collectorate regarding his confirmation and the order dated 15-5-1984 of his promotion as Deputy Superintendent in BPS-14 in the Collectorate of Land Customs and Central Excise. He was informed under letter dated 9-6-1982, in reply to his application dated 13-10-1981, in respect of lien and confirmation, that he had been confirmed as Inspector, Central Excise and Land Customs with effect from 29-8-1973 and his lien was maintained in the Collectorate of Central Excise and Land Customs, Karachi till he was declared confirmed by the Customs House, Karachi and his case for promotion as Deputy Superintendent, Central Excise and Land Customs was to be processed in due course. By order dated 15-5-1984, he was one of the promotees as a Deputy Superintendent in BPS-14, and he was, directed to report for duty with immediate effect. It was this order of his promotion dated 15-5-1984 which served as a prelude to him for claiming his absorption in the Collectorate of Customs as an Inspector in BPS-14 and he made the representation dated 10-3-1984, referred to above, which was ultimately rejected by the impugned order dated 22-9-1986. What was the nature of the appointment of the appellant as a Preventive Officer in the Collectorate of Customs (Preventive) has remained as a mystery as the actual order of his appointment has not come forth from any quarter; but one fact is manifest that he was appointed in the Collcctorate of Customs in pursuance of the directive of the President that some posts were to be reserved in the Collectorate for the outstanding and promising sportsmen of international repute who had represented Pakistan in and out of the country in the international sports. This directive of the President was incorporated in SRO 26 (I)/80 dated 6th January, 1980 providing for method, qualification and other conditions for appointment to the posts of Preventive Officers in Grade-13 in the Customs House. Under the said SRO, 50% posts of the Preventive Officers were to be filled in by promotion from amongst ministerial officials in the Customs House in the manner laid down in Part II of the Rules; and 50% posts by direct recruitment in accordance with Part III of the Rules. Part III consists of only Rule 5, which provides, inter alia, that direct recruitment shall be made on the basis of a written examination and viva voce test, according to the scheme laid down in the schedule appended to the rules, of the candidates possessing requisite age educational qualifications provided that 10% of the vacancies or six vacancies whichever is less, shall be reserved out of direct quota for such outstanding/promising sportsmen of international repute having represented Pakistan in and out of the country in the international sports; and their appointments shall be made in consultation with the Establishment Division. The appellant's appointment as a Preventive Officer (Gracie-13) was made under the scheme outlined in the proviso. It follows that appellant's appointment as a Preventive Officer was in 50% quota for direct recruitment. In all fairness to him, his lien was maintained in the Collectorate of Land Customs and Central Excise until he was confirmed in the Collectorate of Customs (Preventive) and was even promoted as Deputy Superintendent (Grade?14) if he were to revert back. The service set up in the two Collectorates viz. Collectorate of Central Excise and Land Customs and the Collectorate of Customs and Preventive is quite different and distinct and their services were not mutually inter-changeable. The appellant having accepted the post of a Preventive Officer (BPS-13) in the Collectorate of Customs could avail of the prospects of the service in that Collectorate but he could not claim the prospects he had or he could have achieved in the Collectorate of Central Excise and Land Customs unless he sought reversion to that Collectorate, bidding good bye to the C0llectorate of Central Excise and Land Customs (Preventive). He did not avail a' the promotion to the post of Deputy Superintendent (BPS-14) in the Collectorate of Central Excise and Land Customs and he could not avail of benefit thereof in the Collcctorate of Central Excise and Customs (Preventive). By virtue of his appointment as a Preventive Officer, he does belong to the Customs (Preventive) Service and he can explore his prospects in that Collectorate as a directly recruited Preventive Officer (Grade-13).

7. For the reasons recorded above, there is no merit in appeal and it is dismissed with no Order as to costs. M.Y.H./581/Sr.F.??????? ?????????????????????????????????????????????????????????? Appeal dismissed.