1981 PLP (C (PLC(CS))

A. V. AKHUND, J.‑Before promulgation of the Sind Agricultural University Ordinance, 1974, the Sind Agriculture College, Tando Jam, was affiliated to the Sind University of which the College was also an additional campus. After the Ordinance, ibid, the Sind Agriculture University was established in Tando Jam in 1977. The employees serving in the Sind Agriculture College stood transferred under the Sind Agricul ture University on such terms and conditions as the University determined. But these terms, determined by the University, were not less favourable than those admissible to such employees before their transfer of the University.

2. Petitioner Azizul Hassan is a non‑Matriculate. But he is diploma holder in Agriculture. Before October, 1969, the petitioner was employed as Laboratory Assistant in Chemistry in the Sind Agriculture College. Tando Jam. Some time in October or November, 1959, he was appointed Field Assistant in the Estate Branch in the scale of 60‑5‑120‑8‑160 10‑220 He was, however, given a higher start of Rs. 9 p. m.

3. By letter No. 2 (45) SOA‑1/64 dated 22nd January, 1966 the Government of West Pakistan revised the pay of non‑Gazetted Government servants, namely Junior Research Assistants who were re‑designated as Field Assistants from the scales of Rs. 150‑10‑250/10‑300 to 175‑15 325/15‑400 with effect from 1st December, 1962. The relevant portion of the letter reads as follows :‑ "The Government of West Pakistan is pleased to accord sanction the payment, with effect from 14th October, 1955 of the prescribed scale of Rs. 150‑10‑250/10‑300 (which is meant for all the Diploma Holders and other and non‑Graduate Assistants) to the Employees who joined before the promulgation of West Pakistan (Non‑Gazetted) Civil Services Pay Revision Rules, 1959 as Junior Research Assistant (Re‑designated by former Sind Government as Field Assistant vide their Resolution No. 1051‑A‑53 dated 26th August, 1954). These employees will be entitled to the consolidated pay scale of Rs. 175‑15‑325/15‑400 with effect from 1st December, 1962." Thus the revised scale of pay as, shown in the letter was applicable to those (1) who joined the service as Junior Research Assistants (2) whose posts were re-designated as Field Assistants.

4. Some how by letter No. 2‑Steno‑SOA‑II/70 dated March, 1970 the Government of West Pakistan fixed the pay of the petitioner in the scale of Rs. 275‑15‑320/20‑500 admissible to Agriculture Assistants. The letter does not show basis of their decision.

5. By letter No. Ad/‑I/7843 of 1970 dated 27th August, 1970 the Principal of the Agriculture College, Tando Jam, informed the Comptroller Sind, Karachi, that "the post of Field Assistant to which Mr. Azizul Hassan was appointed on 5th October, 1969 is not a redesignated post of Junior Research Assistant but it was created by the Government from ISE January, 1959". The Comptroller did not allow the petitioner the pay in the scale of Rs. 275‑15‑320‑20‑500.

6. On the application of the petitioner, matter was placed before the Syndicate of the Sind Agriculture University which passed the following resolution :‑ "Resolved that the request of Mr. Azizul Hassan Shah Field Assistant for grant of scale of Rs. 275‑15‑320/20‑500 be rejected."

7. In this Constitutional Petition, the petitioner has challenged the order of the Syndicate as being without lawful authority.

8. By Resolution No. 1051‑A‑54 dated 26th August, 1954 the Govern ment of Sind reorganised Agriculture Extension Service. Posts of Field Assistants were created and Junior Research Assistants and Non‑Graduate Assistants were redesignated as Field Assistants.

9. The petitioner has produced a simple copy of the Order dated 2nd November, 1959 appointing him as Field Assistant in the scale of Rs. 60‑5‑120‑8‑160‑10 ‑220 on higher start of Rs.

90. He has not produced the original order. Respondent contends that this is not a genuine order, but the petitioner was appointed Field Assistant with effect from 5th October, 1959 by Order despatched on 2nd November, 1959. Respondent has also not produced the original appointment order of the petitioner. However, there is no doubt that Petitioner was appointed Field Assistant in either October or November, 1959.

10. Besides the post of Field Assistants reoganised in Resolution No. 1051‑A‑54 dated 26th August, 1954 Government of West Pakistan, by letter dated 6th January, 1959, among others, created one post of Field Assistant (Agriculture Section) in the scale of Rs. 60‑4‑100/5‑

120. The contention of the respondent that petitioner was appointed against the newly created post, is not correct because in the counter affidavit filed by Nizamuddin, Deputy Registrar, he admits petitioner was allowed start of higher pay of Rs. 90 in the scale of 60‑5‑120/8‑160/10‑220 which was prescribed for Field Assistants in the Resolution No. 1051‑A‑54 dated 26th August, 1954. Petitioner was appointed Field Assistant in one of such posts constituted in the Resolution of 26th August, 1954.

11. Before his appointment as Field Assistant, petitioner was only Laboratory Assistant. He was not, and did snot join as, Junior Research Assistant. He was not a Non‑Graduate Assistant. Since the posts of junior Research Assistants and Non‑Graduate Assistants were redesignated as Field Assistants, the petitioner who was not holding any of, these posts, could not have been appointed in one of redesignated posts of Field Assistants. The revised pay scale, as contemplated in the letter referred to in para. 3 ante, could not apply to the petitioner who could not draw the revised scale of Rs. 175‑15‑325/15‑‑

400. Being barely Field Assistant, the petitioner could only draw the scale of Rs. 60‑5‑120‑EB‑8‑160/10‑220 prescribed in the Resolution of 26th of August, 1954.

12. The West Pakistan (Non‑Gazetted) Civil Services Pay Revision Rules, 1959, do not apply to the petitioner because the post and pay scale of Field Assistant is not specified in the Schedule to the Rules.

13. As I have already stated, there are no basis on which decision was taken by West Pakistan Government to grant petitioner the scale of Rs. 275‑15‑32C‑20‑500 which is nowhere prescribed by any rules for the Field Assistants. The decision was contrary to the Resolution of 26th August, 1954. Petitioner is not entitled to the scale of Rs. 275‑15‑320/20‑500 which was rightly disallowed to him by the Syndicate of the Agriculture University.

14. In the result, petition is dismissed. Petition dismissed.