1984 PLP (C (PLC)

A. G. Humayun, District Attorney for Respondents Nos. 1 and

2. Ahmad Waheed Khan for Respondents Nos. 3 to

6. Messrs Mashiat Ullah Khan, Muhammad Latif Rehmat Ali and Muhammad Yaqub Khan. Senior Clerks of King Edward Medical College, Lahore, have made this appeal to the Punjab Service Tribunal, Lahore, wherein they have impleaded the Province of Punjab through Secretary Health, Government of the Punjab, Lahore, the Principal, King Edward Medical College, Lahore, Messrs Muhammad Iqbal, Assistant, Abdul Hameed, Accountant, Ashiq Zia and Abbas Ali of King Edward Medical College, Lahore as respondents.

2. By virtue of this appeal the appellants have prayed that Respondents No. 3 to 6.were promoted though they were not senior to the appellants. They have prayed that the promotion of the respondents Nos. 3 to 6 be declared to be illegal and they be directed to be reverted to their original posts and the appellants be appointed in their places.

3. I have heard the parties. It has been contended by the learned counsel for the appellants, Malik A. R. Arshad, that Messrs Muhammad Iqbal and Abdul Hameed, respondents Nos. 3 and 4 were appointed by Princi pal, King Edward Medical College, Lahore, as Assistant and Accountant, respectively, against the rules. They were also appointed without holding any competition or through the selection board or the Selection Committee which is in existence as constituted under the law. Thus, the appellants were not given a chance to compete alongwith the respondents. It was also pointed out by the learned counsel for the appellants that the appointment of these respondents is also violative of the rules. It was further submitted by the learned counsel for the appellants that Messrs Ashiq Zia and Abbas Ali, respondents Nos. 5 and 6, respectively, got their due promotions in Mayo Hospital, Lahore and Lady Witlington Hospital, Lahore as they were borne on their cadres. But, they were transferred in King Edward Medical College, Lahore by the Secretary to the Government of Punjab, Health Department against the rules and in another cadre of the King Edward Medical College, Lahore, which has prejudiced the promotion rights of the appellants who were working in this institution. Thus, the transfer of these respondents made by the Government in the Health Department, is irregular and illegal as their transfer has affected the promotion of the appellants in their own cadre.

4. On the other hand, the learned counsel for the respondents has taken a plea that in case of respondents Nos. 3 and 4, Messrs Muhammad Iqbal and Abdul Hameed, the appointments which have been challenged by the appel lants, were made by the Principal, King Edward Medical College, Lahore. According to the section 21 of the Punjab Civil Servants Act, 1974, the repre sentations against these orders lie to the next higher authority but in these cases the appellants did not avail this opportunity. On the contrary, they made the representations to the Principal, King Edward Medical College, Lahore, against his own orders, which were not in accordance with the rules. Actually, these appellants were required to make the representa tions to the Secretary, Government of the Punjab, Health Department as Government is the proper departmental authority in their cases, because the appointments were ordered by the Principal, King Edward Medical College, Lahore. Similarly, in case of respondents Nos. 5 and 6, i.e. Messrs Ashiq Zia and Abbas Ali, respectively, the transfers were made by the Govern ment in the Health Department, hence the Principal, King Edward Medical College, Lahore could not resist these orders and the appellants should have approached the Government if they considered that these transfers were against their interests. Concluding their arguments, it has been contended by the learned counsel for the respondents that the appeal is premature and the appellants should first get the final order from the Secretary to the Govern ment of Punjab, Health Department, as per section 4 of the Punjab Service Tribunals Act, 1974.

5. I have given my anxious thought to the arguments of the parties and have also consulted the record. I agree with the learned counsel forth respondents that the appellants should first exhaust the remedy of represen tation to the concerned departmental authority to get a final order, before coming to this Tribunal as per law settled by the Supreme Court of Pakistan, reported as, P L D 1981 S C 612.

6. The upshot of the above discussion is that the appeal is premature and is dismissed as such. The appellants are directed to first exhaust the remedy of representations to the Secretary, Government of the Punjab, Health Department, as mentioned above to get the final order. The appellants can come to this Tribunal after obtaining the final order, if they desire so. There will be no order as to costs. M. Y. M. Appeal dismissed.