1984 PLP 1706 (PLC(CS))

4. The appellant contended that the respondents were promoted to officiate as Assistant Electrical Charge-men or Electrical Charge-men purely as a temporary measure against temporary vacancies and the confirmation of persons junior to them was made under special circumstances and those cases of confirmation could not be made a precedent to the respondents' claim for such a relief,

5. These petitions were originally filed before the Junior Labour Court and after its abolition they stood transferred to Punjab Labour Court No. 2, Lahore, which consolidated all the petitions and disposed them of by one decision, whereby the petitions were accepted and the appellant was directed to confirm the respondents on the posts in which they were working from the dates they assumed charge.

6. Aggrieved by the above decision. The Vice‑Chairman (now the Chairman), Pakistan Railways, Lahore, appellant has preferred these separate appeals. Since the point of law involved in all these appeals is the same they will be disposed of together by one judgment.

7. Article 10 of section 4 of Pakistan Railways Advance Chapter No.1 of Personnel Manual (General) reads as under :‑ (a) Promotions will be made on twelve months probation. Confirma tion will be made from the date from which an individual starts working against a permanent vacancy, subject to the provision that he completes satisfactorily the probationary period before such confirmation is considered. The twelve months' proba tionary period in a grade may include officiating service, if any, in that grade, provided that the period of officiating service is continuous with the probationary period, but confirmation will be sanctioned from the date considered suitable in each case. In case of staff required to pass an examination prior to confirma tion e.g. the guards etc. the date of confirmation will be either the date of starting work against a permanent vacancy or the date of passing the required examination, whichever is later.

8. From the above it would appear that if a person has been working for twelve months against a permanent vacancy, he has to be confirmed subject to the provision that he has completed satisfactorily the proba tionary period.

9. The learned counsel for the appellant contended that the posts in which the respondents were officiating, were temporary vacancies and, therefore, Article 10 would not be applicable. This contention has no force, because by virtue of instructions issued by the Railway in Pakistan Railways Gazette Extraordinary dated Saturday, 18th January, 1975, the decision of the Government was published for the information of the Railway staff. Only decision No.1 is relevant for the purposes of these case. It reads as under:‑ Confirmation of staff. The Government has decided that all the staff, except work‑charged staff or those working in the temporary pro jects, with three years service, should be confirmed and the posts, against which they are working, should be made permanent as far as possible. The others, who cannot be so confirmed, shall be given all the benefits/privileges of confirmed staff.

10. From the perusal of the record I find that there is a letter Exh. P. W. 1/6, dated 17th December, 1969 issued on behalf of the Railway Board and addressed to the Vice‑Chairman. It is to the follow ing effect :‑ "As desired by the Chairman, please confirm that all employees working against temporary posts continuously for more than 3 years have since been confirmed. I am directed to say that the working group appointed by Government to examine the working of Services and General Administration Department has recommended that all temporary .posts which are continuing for more than 3 years should be made permanent and it should not be necessary to examine their cases for continuance every year. Government has accepted this recommendation. I am, therefore, to advise you that the matter should be taken up with the Finance Department direct."

11. There is another letter on the record Exh. P. W. 1/9, dated 3rd January, 1970 from the Railways Headquarters Office, Lahore to all Divi sional Superintendents, in which it is directed that all temporary posts, which are continuing for more than 3 years, may immediately be placed on permanent footings with the D.A.Os. concerned.

12. Lastly, there is also another letter Exh. P. W. 1/8, dated 10th June, 1972 issued by Railways Headquarters Office, Lahore to all the Divisional Superintendents, in which it is mentioned that a special drive should be launched all over the Railway for confirming staff of all cate gories working against clear vacancies in cadre posts and who have com pleted one year of service. A monthly progress report on the implementa tion of these orders was asked for to be sent to the Railways Headquarters office for onward transmission to the Railway Board.

13. Taking all the above documentary evidence into consideration, I the posts against which the respondents are working, have to be made C permanent and the respondents be confirmed as they have completed over three years service.

14. I, accordingly, find no merit in these appeals, which are hereby dismissed. A. E. Appeals dismissed.