1989 PLP (C (PLC(CS))

MUNAWAR ALI KHAN (CHAIRMAN).--This appeal has arisen from the order of the Deputy Director, Agriculture, District Khairpur, dated 27-2-1988 whereby the respondent Gullan was promoted as Budder displacing the appellant Meharali who was reverted as Malhi, on the ground of his being junior most Malhi. The appellant challenged the said order in departmental appeal and after waiting in vain for a period of 90 days he filed the present appeal. The appellant's case as disclosed in the memo. of appeal, is that he had done Matric when he was appointed as Malhi (BS-1) on 16-6-1978. The respondents Gullan, Mahboobali and Allah Dino were inducted in the similar posts on 13-4-1964, 17-11-1970 and 7-1-1969 respectively. However, due to his satisfactory performance, the appellant was promoted to the post of Budder (BS 5) with effect from 29-7-1979. Although respondent Mahboobali was raised to such post earlier on 17-4-1976 yet he lost his seniority in the cadre of Budders on 18-8-1982 when he got himself appointed as Crop Reporter/Field Assistant which was a different cadre. His subsequent return to the post of Budder on 5-9-1984 did not alter the seniority position of the appellant in the said cadre. The said respondent was once again reverted as Malhi for a brief period of nearly two months s(from 4-2-1987 to 8-4-1987). Subsequently on acceptance of the appeal preferred by the appellant, the respondent Mahboobali was again reverted as Malhi from 28-10-1987. In this way the appellant claims seniority over respondent Mahboobali in the cadre of Budders. As regards respondent Allahdino the appellant's case is that he was illiterate and untrained Malhi and as such he was promoted as Budder very late on 18-8-1982. Thereafter he was reverted as Malhi on 5-9-1984 and continued m that capacity until 4-2-1987 when he was again promoted to the post of Budder. Thus he too was junior to the appellant in the cadre of Budders. In view of the factual position stated by the appellant with regard to his seniority vis-a-vis the seniority of the other two respondents, his contention was that for accommodating respondent Gullan as Budder, the junior most Budder should have made room for him. Consequently appellant's reversion on the basis of seniority was uncalled for and illegal. He has, therefore, prayed for setting aside the order of his reversion. We heard the arguments of the parties at great length and also went through the relevant documents available on record carefully. The impugned order reads as under: No. Estt/325 of 1988 Khairpur, dated 27-2-1988 Looking to his seniority and decision from the Director-General Agriculture Extension, Sind Hyderabad vide his office letter No. Admn -II/88/700, dated 23-2-1988, Gullan son of Shah Bux Malhi under the Agriculture Officer Kot Diji is hereby promoted as Budder in BPS-5 in place of Mr. Mehar Ali Budder under Agriculture Officer Peryalei, reverted being most junior from him in the cadre of Malhi. Further Gullan is allowed to work as Budder under the Agriculture Officer, Kot Diji as usual. On reversion of Meharali from the post of Budder to the post of Malhi is posted under the Agriculture Officer, Kot Diji sector vice Mr. Gullan promoted. The order should take effect from 1-3-1988. Sd/- (IQBAL BAIG MIRZA) Deputy Director Agriculture, Khairpur. The above order closely shows that the appellant had to revert to make room for Gullan, as he was considered junior most in the cadre of Malhis. However, the argument of the appellant was that since respondent Gullan was to be accommodated as Budder, the junior most Budder had to vacate his post for him. In our opinion this argument carries a lot of force. Our view is fortified by the recitals made in the written statement tiled on behalf of the official respondents. Paras. 3 and 4 following the caption "Brief History", contained in the written statement read as under:- "The appellant Mr. Mehar Ali was promoted as Budder on 29-7-1979 superseding his seniors. This promotion was objected and appeal preferred by Mr. Gullan son of Shah Bux. His appeal was considered by the appellate Authority Director-General, Agriculture Extension, Sind, Hyderabad and the Appointing Authority viz. Deputy Director Agriculture, Khairpur has been directed to promote Mr. Gullan as Budder by reverting junior most Budder of his District." It would appear from the above assertions that the Deputy Director who passed the impugned order had direction even from his superior authority (Director-General) to promote Gullan as Budder by reverting junior most Budder in his District. In this connection reference may also be made to the letter of the Director-General, Hyderabad dated 23-2-1988 requiring the Deputy Director, Khairpur to revert junior most Budder of his District and promote Gullan Malhi of his office as Budder and report compliance. The next point that falls for our determination is whether the appellant was junior most Budder in the District when the impugned order of his reversion was made. This is not indicated at least in the impugned order which on the contrary shows that the appellant was junior most in the cadre of Malhis. The appellant's plea is that both the respondents Mahboobali and Allahdino were junior to him in cadre of Budders. On the other hand the stand taken on behalf of the official respondent in the written statement is that the appellant was junior most Budder in the District at the time of his reversion as Malhis. In view of the conflicting versions we have first to ascertain the dates on which the appellant and the aforesaid two respondents entered the cadre of Budders, because seniority is reckoned from the date of continuous officiation. The admitted position is that appellant was promoted as Budder on 29-7-1979 whereas the respondents Mahboobali and Allahdino entered the cadre of Budders for the first time on 17-4-1976 and 18-8-1982 respectively. Thus the respondent Mahboobali having been promoted as Budder earlier than promotion of appellant should rank senior to him in cadre of Budders. However, the appellant contended that the above respondent lost his seniority as Budder as soon as he got himself appointed as Crop Reporter/Field Assistant which post fell in a different cadre. He further averred that subsequent return of respondent Mahboobali as Budder would not restore to him the original seniority in that cadre. As against this, the argument advanced on behalf of the respondents was that posts of Budder and Crop Reporter/Field Assistant were in the same grade and therefore, the incumbents of these posts were interchangeable. Accordingly the respondents' case is that appointment of Mahboobali as Crop Reporter/Field Assistant was only in the nature of transfer and since he did not snap his relations with the cadre of Budders permanently, he retained his seniority in the said cadre irrespective of his transfer as Crop Reporter/Field Assistant. In order to negative the above argument of the respondents the appellant drew our attention to the order of the Director-General, Sind, dated 26-10-1987, passed by him on the appeal preferred by the appellant which was duly endorsed by the Director, Agriculture Sukkur vide his No. Admn.IV/P/1030, dated 23-5-1987 and No. Admn-IV/P/959/2185, dated 20-10-1987. We may reproduce the order in verbatim; "On the scrutiny of the abovenoted appeal and having considered all the pros and cons, Mr. Mahboob Ali Lakho stands junior to Mr. Mehar Ali Phulpoto from the date viz. 17-8-1982, he was posted/adjusted as Crop Reporter/Field Assistant thus losing his seniority of the line. As such orders of reverting of Mr. Meharali Budder issued vide No. Admn III/87/832, dated 9-4-1987 are hereby withdrawn forthwith and his appeal is upheld, therefore, he should continue as Budder." The above order leaves us in no doubt that appellant was declared as senior to respondent Mahboobali in the cadre of Budders right from 17-8-1982 when the latter was appointed as Crop Reporter/Field Assistant. The stand taken on behalf of the official respondents as well as respondent Mahboobali in the written statement that Mahboobali's appointment as Crop Reporter/Field Assistant was merely a transfer, not affecting his seniority in the cadre of Budders has obviously been contradicted by the order of the Director-General reproduced above. However, the respondent Mahboobali has placed reliance on the office order of the Director-General, Sind dated 12-4-1988, arguing that notwithstanding his appointment as Crop Reporter/Field Assistant, his original seniority in the cadre of Budders has been restored by the said order. It may be advantageous to reproduce the Director-General's order dated 12-4-1988 as under: In view of the recommendation of the Director of Agriculture Extension Sukkur vide his letter No. Admn./626, dated 24-3-1988 services of Mr. Mahboobali Lakho, Budder rendered by him during his reversion period are regularised as Budder against the vacant post vacating his reversion order. The above order does not make even an implied reference to the period of Mahboobali's appointment as Crop Reporter/Field Assistant nor does it supersede the Director-General's earlier order dated 26-10-1987 reproduced in the foregoing paragraphs. It seems after the appellant's seniority was firmed up in the cadre of Budders by the Director-General's order dated 26-10-1987 the. respondent Mahboobali had suffered reversion. It was period of that reversion which has been covered by above order of Director-General dated 12-4-1988. By withdrawing the order of the said reversion, the respondent has been allowed to count the period of reversion as the period in which he would have worked as Budder. In this way the seniority of respondent Mahboobali has been protected in the cadre of Budders from the date of his reversion to lower post. Since the earlier order of the Director-General remained unaffected, the appellant continued to be senior to respondent Mahboobali in the cadre of Budders. As for respondent Allahdino, it is his own admission that he was promoted as Budder for the first time in the year 1982 vide para. 10 of the Counter Affidavit/Objections filed by the said respondent in reply to the appellant's appeal. In the same paragraph he has referred to the order of the Director-General Agriculture, Sind dated 3-2-1987 whereby his promotion as Budder was upheld from the date of his reversion. On close perusal of the said para. of Counter Affidavit/Objections filed by this respondent it becomes clear that subsequent to his promotion as Budder in 1982, he was reverted as Malhi. But an appeal preferred by him against his reversion, the Director-General by aforesaid order restored his promotion as Budder from the date of his reversion. The appellant having been promoted as Budder earlier than promotion of respondent Allahdino to that post, was obviously senior to the said respondent in the cadre of Budders. This has been confirmed by the Director Agriculture, Sukkur in his letter dated 23-5-1987 addressed to the Directror-General Agriculture, Sind. In para. 2 of the said letter it is confirmed that appellant Meharali is senior to respondent Allahdino as Budder. In view of above discussion, we hold the appellant as senior to respondents Mehboobali and Allahdino in the cadre of Budder. Since junior most Budder was to be reverted for the purpose of promoting respondent Gullan as Budder, the impugned order relating to appellant's reversion as Malhi could not be sustained. Accordingly appeal is accepted with no order as to costs and the order of the appellant's reversion is set aside. A.A./182/Sr. S Appeal accepted.