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Case No. 196 of 1984, decided on 15th March, 1984.
‑‑‑Appellants promoted as Deputy Rangers in violation of existing service/pay scale Rules which did not include post of Deputy Ranger‑ Promotion orders withdrawn due to lack of posts‑‑Tribunal, held, withdrawal of promotion as valid and lawful.
Ch. Mushtaq Masood for Appellants.
‑‑ Messrs Zahoor Hussain and Muhammad Aslam Bhatti, have filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein they have impleaded the respondents Nos. 1 to 6 as detailed above.
2. By virtue of this appeal, the appellants have prayed that they be declared in the service as Deputy Rangers to which they are entitled as of law.
3. The appeal is still at the preliminary stage of hearing.
4. Brief facts of the case are that 'in pursuance of the recommenda tions of the Departmental Promotions Committee in its meeting held on 1‑6‑1983, the appellants were promoted to the rank of Deputy Rangers in N.P.S.‑5 w.e.f. 7‑6‑1983, vide Order No. 173/CFM, dated 7‑6‑1983 by the Conservator of Forests, Multan Circle, Multan. In the meanwhile it came to the notice of the Government of the Punjab, Forestry and Wildlife Department that some of the Foresters have been promoted as Deputy Rangers in violation of the existing service rules/pay scale rules. Hence, an order was issued by the Government of the Punjab, Forestry and Wildlife Department vide letter No.E‑II/2‑26/83, dated 3‑9‑1983 to the Chief Conservator of Forests to look into the matter and take necessary action against the officers responsible for this irregularity. Consequently the promotion orders of the appellants were withdrawn by the Conservator of Forests, Multan Circle, Multan vide his order, dated 15‑1‑1984. Hence this appeal.
5. We have heard the parties. It has been argued by the learned counsel for the appellant that the West Pakistan Forest Department Subordinate Service Rules, 1963 include the post of Deputy Rangers. However, when "the Punjab Forest Department (Ministerial/Executive Posts) Recruitment Rules, 1979" were notified by the S&GAID, Punjab, the post of Deputy Rangers were not included in these rules. This is an omission and these Rules of 1979, do not override or nullify the Service Rules, of 1963. The plea of the respondents that there is no post of Deputy Ranger in the Recruitment Rules of 1979/Pay Scale Rules, is not correct and the reversion of the appellants from Deputy Rangers to their original post of Foresters is unlawful and against the Rules.
6. We have given our anxious thought to the arguments of the learned counsel of the appellant and have consulted the record of this case very carefully. We have gone through the latest Rules "The Punjab Forest Department (Ministerial/Executive Posts) Recruitment Rules, 1979" notified by the Services General Administration and Information Department, Government of the Punjab vide notification, dated 20‑2‑1979 (Annexure A/8) and find that these Rules do not include the post of Deputy Ranger and the same stand omitted from these Rules. Thus, it is clear that there is no post of Deputy Ranger in the existing Rules and the Forester cannot be promoted to the rank of Deputy Ranger as no such post exists. Thus, the order of withdrawal of the promotion of the appellants, dated 15‑1‑1984, by Conservator of Forests, Multan Circle, Multan is a valid and lawful order and no exception can be taken against it.
7. The upshot of the above facts of the case is that there is no merit in this appeal which is dismissed as such in limine.
There will be no order as to costs.
M. I. Appeal dismissed.
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