1980 PLP (C (PLC(CS))

M. SALEEM CHAUDHRY (CHAIRMAN).‑

Briefly the facts of the case are that the appellant, before his appointment as Director, Projects, in the Co‑operative Department, Punjab, was working in the West Pakistan Co‑operative Board. The 'post of Director, Projects held by him in the West Pakistan Co‑operative Board, was comparable and equivalent to Class I Grade 18 post under the Co‑operative Department. He was appointed by the Government of the Punjab as Deputy Registrar, Co‑operative Societies, against a substantive permanent vacancy on 18‑7‑1975. Initially, he was appointed for a period of six months under the West Pakistan Co‑operative Services and liable to termination without notice. Since the age of the appellant had exceeded the maximum prescribed for initial entry into Government service, his appointment in that behalf was made in relaxation of rules.

2. It appears that his case was reviewed under Martial Law Instruc tion No. 21 in August, 1977 and it was concluded that since his appointment as Deputy Registrar, was made by way of direct recruitment, in relaxation of the rules, therefore, the same was illegal. The Martial Law Administrator, Punjab, directed to examine this case by the Screening Committee who obtained the advice of the Law Department and also of the Punjab Public Service Commission. The advice of the Law Department was as under:‑ "The Commission is of the view that it is evident from the case of Malik Abdur Rehman that he is being made to suffer through no fault of his own. As a special compensatory measure, it is recommended that Malik Abdur Rehman, may be either absorbed in his parent department, i. e. Co‑operative Development Fund and Projects, or be regularised in his present assignment."

3. On the basis of the above advice, the recommendations were made to the M. L. A. Punjab, which were approved by him.

4. On the basis of the advice, it was recommended that his services as Deputy Registrar, Co‑operative Societies be terminated and he may be appointed as Director, Projects, Cooperative Development Funds and Projects. The recommendations were approved by the M. L. A. Punjab, and the services of the appellant as Deputy Registrar, Cooperative Societies, were terminated on 14‑9‑1977. He was appointed as Director, Projects, in terms of the advice of the Punjab Public. Service Commission, on the same date. His representation to the Complaints Call of M. L. As. HQ., Lahore, was also rejected. Hence the present appeal. During the pendency of the appeal, the matter was again re‑considered by the department and the department was of the view that the case of the appellant had the requisite qualifications and experience and was distinguishable. According to the Department, it was a case of absorption and not reversion, nor a case of political appointment. The Public Service Commission has also found him suitable to hold the post. It was also pointed out that the Co‑operative Development Board was likely to be wound up in the near future and thus the appellant was likely to be thrown out and will suffer hardship at the age of 45 ,ears. It appears that the M. L. A., Punjab, did not take the decision himself as the matter was sub judice with this Tribunal.

5. After hearing both the parties, it appears that the appellant did have the requisite qualifications and experience. The absorption of the appellant even according to the department, was not the result of any political influence. It, however, appears that the Department finally had no objection to his absorption or retention in the Department, but the Competent Authority did not proceed to pass the orders themselves, as the matter was sub judice with this Tribunal.

6. In the circumstances, we do not find any force in the contention of the Department that the appointment of the appellant was open to any serious exception. The Competent Authority had the powers to relax the rules and the relaxation had been duly granted by the Competent Authority. Since the Department has produced nothing to justify the review of the appointment of the appellant, as Deputy Registrar, Co‑op. Societies, therefore, A we are clearly of the opinion that the order terminating his services as Deputy Registrar, has little Justification. In fact the Public Service Commission also approved his appointment. We, therefore, accept this appeal and set aside the order under appeal. There will be no order as to costs. Appeal accepted.