1983 PLP 329 (SCMR)

MIAN BURHANUDDIN KHAN, J.‑This petition for leave to appeal is directed against the judgment of the Federal Service Tribunal, Islamabad, dated 23‑2‑1982 passed in Appeal No. 88/R of 1978.

2. The facts as stated are that the petitioner joined the Pakistan National Centre as an Upper Division Clerk on 21‑t2‑1964 and was promoted as Assistant on 14‑12‑1967 and as Superintendent (General) on 2‑12‑1974 in Grade‑

16. On 30‑5‑1975 he was promoted as Assistant Director (Security) in Grade‑

17. Further, by order dated 24‑3‑1975 he was appointed as Resident Director in the Pakistan National Centre, Islamabad w.e.f. 16‑3‑1977. In June; 1975 the Pakistan National Centre (P. N. C.) became an attached department of the Ministry of Information and Broadcasting, Government of Pakistan and P. N. C. employees, therefore, became `Civil servants. Prior to that P. N. C. was a Body Corporate registered under the Co‑operative Societies Act.

3. It was contended by the learned counsel that after the P. N. C. became an attached department of the Government of Pakistan, no Service Rules, under Rule 3(2) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 were framed till 3‑12‑1980 and as such the Chairman of the P. N. C: continued to exercise control over the employees of the P. N. C. in matters of appointment and promotion upto grade 20; that by order dated 10‑6‑1978 the petitioner was reverted to the post of Assistant Resident Director, Grade‑17 w.e.f 27‑6‑1978 and by another order dated 6/8th July, 1978 be was posted as Assistant Resident Director P. N. C. Islamabad that the petitioner filed an appeal against his reversion on 7‑8‑1978 but received no reply. Therefore, he filed an appeal before the Federal Service Tribunal but the same was dismissed vide the .impugned order,

4. Learned counsel for the petitioner contended that the petitioner's appointment to the post of Resident Director, Pakistan National Centre, Islamabad was neither ad hoc nor temporary ; that his appointment was made by the `competent authority' i.e. the Adviser to the Information and Broadcasting Division, Government of Pakistan, in the status of Secretary of a Division to the Federal Government who held the additional charge of Chairman of the Pakistan National Centre w.e.f. 29‑I1‑1974 ; that the petitioner's reversion to a lower grade was `punishment' within the meaning of the Government Servants (Efficiency and Discipline) Rules, 1973.

5. We have considered the points raised by the learned counsel and would say that the petitioner was the junior most Resident Director and had the repatriation a senior officer and since there to be reverted because o was no punishment attached to this reversion, the question of having re-counsel to the Government Servants (Efficiency 8c. Discipline) Rules, 1973 does not arise. His promotion to Grade‑18 on 16‑3‑1973 was not proper as the P. N. C. had already been Governmentalised and in the absence of any appropriate rules for appointments and promotions, the Selection Board which had been created in April, 1975 for the purpose of selecting suitable candidate for appointment as Assistant Director or Director in the P. N. C. continued to function, and in spite of this his appointment to Grade‑17 was without going through the Selection Board. Over and above this, the petitioner had not completed five years' service in Grade‑17 before he was promoted as Director in Grade‑18 in less than 22 months. Therefore, his promotion was irregular. Thus, we find this petition without any merit and the same is, accordingly, dismissed. Petition dismissed.