1977PLC[C (PLP)

MUHAMMAD DAUD KHAN (CHAIRMAN).‑The petitioners one hundred and twenty‑eight in number, were the employees of the (former) State of Swat and worked as Inspector, Lineman, Clerk, Technician, Telephone Operator, Peon and Chawkidar i=i the Telephone Department until the pro mulgation on 15.8‑1969 of the Dir. Chitral and Swat (Administration) Regu lation, 1969 (West Pakistan Regulation No. 1 of 1969). The Regulation IV (1) provides "All persons who, immediately before the commencement of this Regulation, were holding any civil post or office, ‑ ‑ ‑under the administration of any of the specified territories, shall as from such commencement of this Regulation be deemed to be persons serving under the Government of West Pakistan". As a result of the decision taken by the Provincial Government of N. W. F. P. all employees of the former States who were in service on the date of integration i. e. Ist January 1971 and who were not excluded from the scope Of the Scheme were absorbed in the Provincial Govt, Cadres/ services with effect from the 1st July, 1970, when the Province of N; W. F. P. came into being. The Scheme of integration formulated by the Provincial Government did not cover the employees of the Telephone Department. It was recommended to the Central Government Vim the 'Department be integrated with the corresponding Department of the Central Government and the officials absorbed in the relevant cadres. As a result, the telecommunication system was taken over and integrated with the Telegraph and Telephone service with effect from 15‑7‑

73. The employees of the Telephone Department who were in service on 15‑7‑73 were inter alia ordered to he absorbed in the Telegraph and Telephone Department of the Central Government with effect from the same date, on their existing terms and conditions. A representation was made to the Minister of Communications and was followed by reminders. The General Manager, N. T. R., Peshawar informed the Secretary‑General, T & T Non‑gazetted Staff Union, Malakand Division with reference to petition on 5‑1‑1976 that the case was under consideration in the Staff Branch of his office and he would be informed of the decision in due course. There being no response, the appellants have preferred the present appeal before this Tribunal. We have heart: in detail the learned counsel for the appellants. The point for determination is whether the present petition of appeal is entertain able. It has been admitted that the petitioners were fully engaged and had been actually working on their posts throughout. There is no allegation that they have not been paid their salary on existing basis. The only grievance is that they were not absorbed under the Central Government with effect from 1‑7‑70 as is the case with other employees of the former State who were absorbed under the Provincial Government. As already pointed out, according to Regulation IV (1) of West Pakistan Regulation No. 1 of 1969, dated 15‑8‑x969 all persons immediately before the commencement of this Regulation, holding a civil post or office shall as from such commencement be deemed to be persons serving under the Government of West Pakistan (Provincial Government). It is, however, not proposed to go into tire question whether liability to absorption, was that of the Provincial Government (Of N‑W. F. P.) or that of the Central Govern ment in any case, the Provincial Government has riot been made a party or correspondent. Since the appeal is a Joint Appeal by 128 persons and section 4(1) of the Service Tribunal Act, 1973 contemplates appeals try Tribunals by any Civil Servant i.e. an individual separately, the joint appeal is incompetent. Further a large number of the petitioners is not 'civil servant' within the meaning of section 2(a) of the Service Tribunals Act, 1973 read with section 4b)(iii) of the Civil Servants Act, 1973. That being so, an appeal would lie to this Tribunal under section 4(1)of the Service Tribunal Act. 1973. The petition, not being entertain able is dismissed to limine.