1996SCMR752 (PLP)

MUKHTAR AHMAD JUNEJO, J.

Leave to appeal is sought by the Federation of Pakistan against the judgment dated 18-5-1995 delivered by the Lahore High Court in Writ Petition No.7200 of 1993. Said writ petition was filed by respondents 1 to 14, who are all civil servants holding important posts under the Government of the Punjab. In their writ petition the petitioners (respondents 1 to 14 herein) have prayed as follows:-- "(i) That the bifurcation of the Civil Service of Pakistan (renamed as the All-Pakistan Unified Grades) into the District Management Group and the Secretariat Group is without lawful authority. (ii) That, in any case, there is no lawful basis for promoting ex-CSP officers of the 1967, 1968 and 1969 batches placed in the District Management Group to Grade-21 without even considering the cases of the petitioners for such promotions. (iii) That respondent No. 1. must forthwith consider the petitioners for promotion to Grade-21 on the basis of their seniority vis-a-vis their colleagues of the 1967, 1968 and 1969 batches of the ex-CSP placed in the District Management Group." The petition was contested by the present petitioner, who filed a written statement challenging its maintainability and jurisdiction of the High Court in view of Article 212 of the Constitution of Pakistan. The petition was also challenged to be barred by limitation and laches and to be bad for non-joinder of necessary parties. In respect of bifurcation of the Civil Service of Pakistan, renamed as the All-Pakistan Unified Grades,. into District Management Group, Secretariat Group and Tribal Areas Group, it was stated in the reply statement that such bifurcation was covered by the law and that name of Civil Service of Pakistan and Police Service of Pakistan was changed to APUG while bifurcation into DMG and Secretariat Group was made through O.M. as sub-groups of APUG and that such position was accepted in the case of Rameez-ul-Haq. Under the impugned judgment, a learned Single Judge of the High Court accepted the writ petition and directed the petitioner to treat respondents 1 to 14 at par with officers placed in the District Management Group and allow them consequential benefits. Hence this petition. ' Mr. Faqir Muhammad Khokhar, learned Deputy, Attorney-General argued that the learned Judge in Chamber while accepting this writ petition, had taken view which was in conflict with the view taken in the case of Fazal-i-Qadir v. Secretary, Establishment Division (PLD 1988 Supreme Court 131). Learned Deputy Attorney-General sought leave to appeal on the following points:

(i) That the High Court had no jurisdiction in the matter in view of Article 212 of the Constitution of Pakistan; (ii) that the writ petitioners have opted for Secretariat Group and had obtained benefits of promotion to Grades-18 and 19 and they were estopped from challenging formation of Secretariat Group; (iii) that the writ petition was hit by laches because the matter regarding grouping pertained to the period between 1973 and 1975, while the writ petition was filed in 1995. In this respect, learned counsel cited the cases of Chairman, District Screening Committee, Lahore v. Sharif Ahmad Hashmi (PLD 1976 SC 258); Pakistan Post Office v. Settlement Commissioner (1987 SCMR 1119); M.H. Mirza v. Federation of Pakistan (1994 SCMR 1024) and Chairman, Pakistan Council of Scientific and Industrial Research, Islamabad v. Dr. Mrs. Khalida Razi (1995 SCMR 698); (iv) that it was within the domain of the Federal Government to create service group and such action was not justiciable. For this reliance was placed on the case of Pakistan v. Fazal Rahmat Khundkar (PLD 1959 SC (Pak.) 82; and (v) that the grouping between the Secretariat Group and other groups was reasonable. In the case of Fazal-i-Qadir and others (PLD 1988 Supreme Court 131) a learned full Bench of this Court observed as below: ' " ....The relevant instructions appearing on page 723 of the ESTACODE and already referred to clearly indicate that as a process of Administrative Reforms initiated and approved by the President, in sum and substance, a number of Occupational Groups were formed all adhering to the same pattern, the difference wherever existing being capable of an explanation by reference to the groups that were clubbed together for formation of the Occupational Group. The contents of the Office Memorandum are general in character and contain all the necessary details for giving them the form and efficiency of a Service Rule. They appear in a printed volume of the Establishment Code governing the terms and conditions and the discipline in service. Merely because they did not bear the appellation of Rules is not sufficient to reduce their legal status.. There is abundant authority of decisions of this Court to treat such instructions as rules and fully capable of setting aside or modifying the rule." The petition raises important questions pertaining to service law, which require examination, despite the observations made in the case of Fazal-i-Qadir. We therefore grant leave to appeal to consider the points raised above. A.A./F-381/S Leave granted