2025 PLP (C (PLC(CS))

SAJJAD HUSSAIN SINDHAR, CHAIRMAN.

Brief facts giving rise to instant service appeal are that the appellant was initially appointed as Assistant Librarian at Sessions Courts Jhelum on 22.12.2018 and thereafter transferred from District Jhelum to District Gujrat by the orders of Hon'ble Lahore High Court, Lahore dated 15.07.2020 against a vacant post and consequently assumed the charge at Gujrat on 15.07.2020.

2. Another Assistant Librarian of District Judiciary Gujrat namely Muhammad Naeem was dismissed from service on 23.07.2020 and as a result thereof one post of Assistant Librarian fell vacant. On the said post Ms. Sana Anwar was appointed as Assistant Librarian by the competent authority/District & Sessions Judge, Gujrat on 27.08.2020. Later on, the dismissed Assistant Librarian (Muhammad Naeem) stood reinstated into service while deciding the departmental appeal by the Hon'ble Lahore High Court, Lahore vide order dated 27.11.2023.

3. Since, both the posts were filled, the respondent No.1 sought guidance from Hon'ble Lahore High Court, Lahore and the Hon'ble Court vide its letter dated 05.12.2023 guided as under:- "I am directed to refer to your letter No. 2260, dated 29.11.2023, on the subject cited above, and to request you to deal the matter of Mr. Muhammad Naeem, Assistant Librarian BS-16 in the light of Rule 7.3 (Administrative Instructions) Chapter VII, Volume-I Part-1 of Civil Service Rules, Government of the Punjab (copy enclosed) at your own end." Resultantly, the respondent No.1 reinstated Muhammad Naeem, Assistant Librarian and sought further guidance from the Hon'ble Lahore High Court, Lahore that if approved Ghulam Mustafa Zaman, present appellant, may be sent back to District Jhelum, but the Hon'ble Lahore High Court, Lahore directed to resolve the issue at this own end, vide letter dated 10.01.2024.

4. A meeting of Departmental Promotion/ Selection Committee was convened by respondent No.1 and on the recommendation of meeting and advice of the Hon'ble Lahore High Court, Lahore cadre of the appellant was changed from Assistant Librarian to Senior Computer Operator, vide order dated 03.02.2024, impugned hereunder. Being aggrieved, the appellant filed departmental appeal and the same was turned down vide impugned order dated 24.10.2024. Hence, this service appeal.

5. Arguments heard and record perused.

6. It is undisputed that appellant joined the post of Assistant Librarian at District Gujrat before the appointment of Ms. Sana Anwar, who was appointed against the post fell vacant on the dismissal from service of Muhammad Naeem, who was later on reinstated into service by the Hon'ble Lahore High Court, Lahore. In such a scenario, the Hon'ble Lahore High Court, Lahore rightly advised the respondent No.1, vide its letter dated 05.12.2023 to deal with the matter in accordance with Rule 7.3 (Administrative Instructions) Chapter VII, Volume-I, Part-1 of Civil Service Rules, Govt. of the Punjab, which reads as under:- "7.3. When a government servant who has been dismissed or removed from service, is reinstated, the revising or appellate authority may grant to him for the period of his absence from duty: a)

b)

Note I

Administrative Instruction -- Post vacated by a dismissed Government Servant may be filled substantively subject to the condition that the arrangements thus made will be reversed if the dismissed Government Servant is reinstated on appeal." The above provision of Rule 7.3 of the Rules ibid made it abundantly clear that the post fell vacated due to dismissal of a civil servant will be filled substantively with the condition that the arrangements made will be reversed if the dismissed Government servant is reinstated on appeal. But astonishingly, the respondent No. 1 instead of following the Rule ibid as well as the advice of the Hon'ble Lahore High Court, Lahore in letter and spirit again wrote a letter to Hon'ble Lahore High Court, Lahore seeking guidance to adjust the appellant against the post of Senior Computer Operator, which act of the respondent No.1 was/ is against the specific provision of the Rule ibid as well as the advice of the Hon'ble Lahore High Court, Lahore.

7. So far as, the request of the appellant with regard to change of cadre from Assistant Librarian to Senior Computer Operator is concerned, it is observed that the departmental authority should have to follow the law on the subject instead of acting on the wishes. The application so submitted by the appellant and action taken on it, being violative of the Rule ibid is not tenable in the eye of law. If law requires a thing to be done in a specific manner, it should be done in that manner and not otherwise. Hence, the impugned orders, passed by the respondents, are declared illegal and unlawful, hence, cannot sustain.

8. For the reasons recorded above, instant service appeal is allowed and the impugned orders dated 03.02.2024 and 24.10.2024 are set aside with the direction to respondent No.1 to treat the appellant as Assistant Librarian at his initial/original appointment while strictly adhering to the provisions of Rule 7.3 (Administrative Instructions) Chapter VII, Volume-I, Part-I of Civil Service Rules, Govt. of the Punjab. MQ/1/PST Appeal allowed.