1984 PLP (C (PLC)

Ch. Muhammad Tufail Basra for Appellant. Haroon‑ur‑Rashid Cheema, District Attorney for Respondents. ABDUL HAMID CHAUDHRY (MEMBER).‑Mr. Muhammad Ramzan has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Superintending Engineer (H. Q.) Irrigation, Faisalabad Region, Faisalabad, the Chief Engineer, Irrigation, Faisalabad, the Superintending Engineer (H. Q.) Irrigation Central Region, Lahore, the Secretary to Government of the Punjab, Irrigation and Power Department, Lahore and Hassan Muhammad, Stenographer, Office of Chief Engineer, Irrigation, Faisalabad as respondents.

2. By virtue of this appeal this appellant has prayed that the impugned orders be declared illegal, respondents Nos. 1 and 2 be direc ted to fix the seniority of the appellant as Junior Clerk/Senior Clerk, Steno typist, Stenographer, Assistant, P. A. and Superintendent etc. He has also prayed that the appellant be promoted as Stenographer w. e. f. 21st September, 1962 and paid his dues etc.

3. Brief facts of the case are that the appellant Mr. Muhammad Ramzan, was working as a Stenotypist in the Office of the Chief Engineer, Sargodha Zone, Lyallpur. He was transferred by the Chief Engincer Irrigation, Lyallpur, vide order, dated 20th September, 1972 to join Multan Region, in pursuance of Secretary, Government of the Punjab, Irrigation and Power Department's letter, dated 12th September, 1972. By another order of Chief Engineer, Irrigation Multan, dated 2nd July, 1973, the appellant was transferred and directed to report to the Chief Engineer, Central Irrigation Region, Lahore, vide his order d8tCd 2nd July, 1973. The appellant was further posted to work in the Design Directorate, Lahore, under the Chief Engineer. Central Irrigation Region, Lahore, vide Secretary to Government of Punjab, Irrigation and Power Department order, dated 9th August, 1973. Further he was posted in the Indus Waters Treaty and Regulation Wing of the Central Irrigation Region and is work ing there since then. In the year 1979, the appellant represented to the Chief Engineer, Irrigation, Faisalabad, regarding the promotion as Steno grapher from 1962 and for giving him due seniority. The appellant was heard in person by the Chief Engineer, Irrigation, Faisalabad and he was directed to make his grievances, if any, to the competent authority i. e. Superintending Engineer (H. Q.) in the first instance. The appellant made a request to the Superintending Engineer (H. Q.), Irrigation, Faisalabad, which was disposed off, viae order dated 18th October, 1979 with the observations that the appellant did not make any appeal against the promotion of Mr. Hassan Muhammad for many years and the appeal is time‑barred, also because the Superintending Engineer (H‑ Q.) competent to revise the decision of his predecessor. Hence the appeal was rejected. Issue of his allocation was left open to be dealt separately and independently as per rules. As regards his allocation, another order was conveyed by the Superintending Engineer (H. Q.), Irrigation, Faisalabad, dated 26th March, 1980 mentioning that as the appellant was transferred by the Secretary to Government of the Punjab, Irrigation and Power Department. Lahore, to Multan Region in exchange with a Stenotypist, it was assumed that the appellant's allocation was also changed accord ingly. Another official was also appointed and confirmed as Stenotypist against vacancy caused by the appellant's transfer, As there was no permanent vacancy in Faisalabad Region, hence his seniority could not be fixed. The appellant made another appeal to the Chief Engineer. Irriga tion. Faisalabad, which was also disposed of, vide, his detail order No. 747 /A‑1,4/67, dated 2nd June, 1981, wherein it was mentioned that as he stood transferred in the Directorate of Design on reorganization in 1973, hence he stood allocated to that Directorate and subsequently his latest posting in the Indus Waters Treaty and Regulation Wing of the Central Irrigation Region was also made by the Chief Engineer, Lahore. Hence the appellant was directed to claim his confirmation against the permanent post of Directorate of Design. The Chief Engineer, Faisalabad also rebutted the claim of the appellant regarding his allocation to Sargodha Region made in 1969, mentioning that he accepted his transfer willingly from Faisalabad to Multan Zone and transfer from Multan Zone to Lahore Zone made by the Chief Engineer Multan. The appellant himself accepted and complied with these transfers, the appellant did not make any appeal against these transfers. Thus, he accepted this position and legal situation. Thus his appeal was rejected by Chief Engineer, Faisalabad, vide above order. Hence this appeal.

4. The learned counsel for the appellant has argued that the case is very simple which .has been complicated by the Chief Engineer, Faisalabad. He referred to Annexure `D' appended with the appeal, order dated 1st May, 1969, of Government of the West Pakistan, Irrigation and Power Department, wherein the appellant was clearly allocated as Sargodha Region. As being a ministerial employee, he could not be transferred out of that allocated Region to any other Region without his consent and if he was required to be transferred in the public interest to other regions, his allocation would stand to his parent region i. e. Sargodha. He was first transferred to Multan Region, then to Lahore Region by the orders of the competent authority i. e. Secretary, Irrigation and Power in the public interest. Thus, it was not choice of the appellant to go to those regions but he was transferred in the exigencies of service. All the orders transferring from Faisalabad to other regions just mention his transfer in the public interest and nowhere his lien was terminated or created in other regions. Thus he is a bona fide allocatee of Sargodha Region for all purposes and he should have been considered for promotion whenever a vacancy occurred in Faisalabad in his line of promotion and he was thus senior to the respondent No. 5 f. e. Hassan Muhammad. Thus he is entitled to be given his due seniority and should also be promoted to various ranks in line of promotion and Chief Engineer, Irrigation, Faisal abad be directed to give him promotion as Stenographer with effect from 21st September, 1962 and also subsequent promotions to other posts of higher grade and status in the lines of his promotion. Controverting these arguments, the learned District Attorney took up the matter on legal objections and mentioned that the matter regarding maintainability of this appeal by the Service Tribunal be settled first. The appellant is requesting the Tribunal to adjudicate the matter of his promotion concern ing the year 1962. According to section 4 (1) (c) of the Punjab Service Tribunals Act, 1974, no appeal shall lie to a Tribunal against an order or decision of Departmental authority made at any time before 1st July, 1969. Thus this Tribunal is not empowered to adjudicate his promotion matter regarding 1962. Furthermore, the Punjab Service Tribunal is also not competent to deal against an order or decision of a departmental authority determining fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher grade as per section 4 (1) (b) of the Punjab Service Tribunals Act, 1974. Relying on above section of the Punjab Service Tribunals Act, 1974, the learned District Attorney submitted that this appeal does not lie within the jurisdiction of the Tribunal. Even on merits, there is no force in this case as the appellant was transferred from Lyallpur on 20th September, 1972 to Multan Region and again in the year 1973 from Multan to Central Region. The appel lant did not make any representation against these allocations till the year 1979. Thus it is clear that the appellant remained satisfied with his transfer orders, accepted the same, continued to work in different posts till 1979 wherever he was posted on his transfer from Lyallpur, since 1972. Thus he had no legal ground to agitate the settled issue in the year 1979. He has thus failed to prove and establish that he is still an allocatee of Sargodha Region as he accepted his change of allocations in the year 1972 to Multan and then in 1973 from Multan to Lahore Central Region and did not raise any objection for these at the proper time. As decided by the Chief Engineer, Faisalabad, vide his order dated 2nd June, 1981 while rejecting appeal of the appellant he was right in saying that the appellant belonged to the Central Irrigation Region and the appellant should claim his confirmation against the permanent post of Directorate of Design. The learned District Attorney concluding his arguments submitted that the appeal is not maintainable as not being within the jurisdiction of this Tribunal and is liable to fail on merits, as well.

5. We have taken into consideration the arguments put forth by the parties and have also consulted the record. Before proceeding further we would first like to settle the legal objection so vehemently raised by the learned District Attorney. We are in agreement with the learned District Attorney that the appellant is asking us to adjudicate the appellant's promotion as Stenographer w.e.f. 21st September, 1962 which we cannot do so as we are not competent for the same as per section 4(l)(c) of the Punjab Service Tribunals Act, 1974, whereby no appeal lies with this Tribunal regarding decision of a Department authority made at any time before the 1st July, 1969. Under section 4(1)(b) of the Punjab Service Tribunals Act, 1974, the appeal also does not lie to this Tribunal against an order or decision of a Department authority determining fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher grade. The appellant is asking us to settle the issue of his promo tion of year 1962 in the garb of the seniority which we are afraid we cannot do. Thus we have no hesitation to hold that this appeal is not within our jurisdiction. On merits we also agree that the appellant was transferred in the year 1972 from Lyallpur to Multan and then to 1973 from Multan to Central Region, Lahore. He accepted all these orders and various postings and felt contented upto 1979 when he whimsically filed a representation for his promotion from 21st September, 1962 and fixation of seniority accord ingly. In these circumstances, the appellant is estopped to claim his seniority and promotion w.e.f. 1962 in Faisalabad Region.

6. Keeping the above analysis in view, the appeal is dismissed being incompetent, for want of jurisdiction, as well as without merits. There will be no orders as to costs. M.I Appeal dismissed.