1987 PLP 720 (SCMR)

DAVID IQBAL, J.‑‑ This petition for leave to appeal is directed against the judgment, dated 5th November 1986 of the Punjab Service Tribunal, Lahore. Briefly the facts are that applications were invited from suitable eligible officials in order to fill the vacancy of H.V.C.(R) Sialkot. The petitioner was found eligible for the post and was appointed as such. Against his selection and eligibility respondents Nos.3 and 4 preferred appeals before respondent No.1 and respondent No.1 setting aside the order of promotion of the petitioner directed respondent No.2 to make fresh appointment in accordance with the Rules. Thereafter, the petitioner challenged the said order of respondent No.1 in appeal before the Punjab Service Tribunal, Lahore which vide its judgment, dated 5th November. 1986 dismissed the same on the ground that under the rules applicable to the case of the petitioner he was not eligible because he had not worked as a Colony or Revenue Assistant with at least 3 years' experience in the Revenue Branch or Colony Branch separately or jointly. Learned counsel for the petitioner contended that the West Pakistan Revenue Department Ministerial Service (District Cadre) Rules, 1964 were amended in 1972 vide Notification, dated 23rd January, 1972. In respect of promotion of an H . V. C. in the Office of the Commissioner or the Deputy Commissioner where the vacancy occurred, the promotion was to be made in the following manner: "(a) by promotion from Assistants of the offices of the Commissioner and the Deputy Commissioners in the Division where the vacancy occurs, with at least three years' experience in the Revenue Branch or Colony Branch, separately or jointly, or (b) by transfer from the cadre of Naib‑Tehsildars/Head Munshis/Sadar Kan ungo/District Revenue Accountants in the Division where the vacancies occur." It is submitted by the learned counsel that in the aforesaid amendment it is not stated that only those Assistants would be eligible who, at least 3 years' experience as such. The Colony or Revenue Assistant was altogether a different nomenclature which was not meant for the purposes of the ministerial service, and that had it been the intention of the framers of the Rules, it would have been clearly laid down as 'with at least 3 years' experience as such in the Revenue Branch or Colony Branch separately or jointly". Leave is granted, inter alia, in order to consider whether the amendment made in the Rules for promotion of a Head Vernacular Clerk from the Assistants with at least 3 years experience in the Revenue Branch or Colony Branch separately or jointly, means experience only in the same category or includes such experience in the earlier career of a civil servant as Senior/Junior Clerk. The appeal shall be heard on the present record at an early date. No stay. M.l./R‑4/S Leave granted.