1991 PLP (C (PLC(CS))

Muhammad Latif Khan, Special Government Pleader for Respondents Nos. 1 and 3. Gulfam for Respondent No.3. SAHIBZADA MUHAMMAD FARIDUN KHAN, MEMBER.

The appellant was a Senior Clerk in the office of the Commissioner, Mines Labour Welfare Organization before his appointment as Assistant in the Minimum Wages Board, on 1-9-1978. A post of Research and Statistical Officer in Grade-16 having been sanctioned on yearly basis was available in the Minimum Wages Board, much before appointment of the appellant as Assistant, who was also supposed to look after the work of the Secretary of the Board. The post of Research and Statistical Officer was always filled on transfer of officers from the Labour Welfare Department as permissible under section 10 of the North-West Frontier Province, Civil Servants Act, 1973 (N.-W.F.P. Act NOXVIII of 1973) till the appointment of respondent No.3 on ad hoc basis on 31-8-1987 whose appointment was later on regularized by virtue of N: W.F.P. Civil Servants (Regularization of Service) Act, 1988. The learned counsel for the appellant argued that the Minister for Labour who recruited and appointed the respondent No.3 was not competent authority to appoint or recruit any Government servant. He also argued that the non-advertising of the post in question during last 17 years was a very bad practice on the part of the departmental authorities and they were under legal obligations to have sent the post to the Public Service Commission for the recruitment of eligible candidates including the appellant. He further argued that in the absence of any service recruitment rules the respondents Nos.1 and 2 were required to have followed service recruitment rules of the Labour Welfare Directorate or followed the general rules and principles of promotion and recruitment in Government Services of departments having similar service Rules. The Learned Government Pleader argued, that there was no understanding at any level that the officials of the Labour Directorate and Minimum Wages Board would be governed under the same service rules. The staff of Minimum Wages Board has no relation with the seniority or other benefits as have been allowed to the employees of the Directorate of Labour. Even in the light of Labour Department (Recruitment and Appointment) Rules, 1982, an Office Assistant could not claim promotion to the post of Statistical Officer. The Provincial Government was competent to appoint staff for the Minimum Wages Board as per rule 13 of the West Pakistan Minimum Wages Rules. 1962. The appellant had no right of promotion to the post of Research and Statistical Officer. Learned counsel for respondent No.3 argued that the appeal was time?-barred. After hearing counsel for Taj Muhammad the appellant, Counsel for respondent No.3, the Government Pleader and perusal of the record we found no rules or authority under which the right of the appellant, for promotion or appointment to the post of Research and Statistical Officer could be established. We are, therefore, of the considered opinion that he has no cause of action and the appeal is dismissed. Parties are left to bear their own costs. File be consigned to record room. M.Y.H./134/Sr.N. ?????????????????????????????????????????????????????????????????????????????? Appeal dismissed.