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Civil Petitions Nos. 820 and 821 of 1985, decided on 17th June, 1986.

(On appeal from the judgment, dated 21‑5‑1985 of the Punjab Service Tribunal, Lahore in Case No. 252/732 of 1984).

‑‑Art. 212(3)‑‑Punjab Civil Servants Act (VIII of 1974), Ss. 8 & 23‑‑Promotion‑‑Leave to appeal granted to consider inter alia whether a civil servant can claim to be governed, in matters of promotion, by Rules which were in force at time of entry into service and Government is precluded from altering said Rules subsequently in light of changed circumstances so that existing rules only would continue to govern him in matters of promotion to higher echelons of service, even in future

Abid Hussan Minto, Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record (absent) for Petitioners (in Civil Petition No. 820 of 1985).

Inayat Hussain, Advocate‑on‑Record for Respondents Nos. 4.to 7 (in both petitions).

Khalil Ramdey, Additional Advocate‑General (Punjab) and Rao Muhammad Yusuf Khan, Advocate‑on‑Record for Petitioners (in C.P. No. 821 of 1985).

Date of hearing: 17th June, 1986.

This order will dispose of Civil Petition No. 820 of 1985 and Civil Petition No. 821 of 1985, as, both are directed against the one and the same order passed by the Punjab Service Tribunal on 21‑5‑1983.

For the purposes of this order it will suffice to refer to the parties arrayed in Civil Petition No. 820 of 1985.

The petitioners and respondents Nos. 4 to 9 are serving in the Forest Department of the Punjab Government. Whereas the petitioners, who are graduates in the Forestry (B.Sc.), were directly recruited as Forest Rangers (Forest Range Officers) in Grade‑11 from different dates between 1959 to 1964; the respondents Nos. 4 to 9, who are Matriculates/ F. As. , joined service as Foresters or Deputy Rangers in the Forest Department between the years 1944‑1957 and were promoted as Forest Rangers (Forest Range Officers) subsequently (1958‑1961). These officers only hold certificates in Forestry which they‑received after undergoing one year training in Forest School Ghora Gali. For purposes of promotion etc. they were governed by the Punjab Forest Service (Class II) Rules, 1941 which were the Rules, in force, when they entered service. These rules were replaced by the West Pakistan Forest Service (Class II) Rules, 1962.

By notification dated 16‑4‑1976 issued under section 23 of the Punjab Civil Servants Act, 1974, the existing Rules prescribing minimum qualifications, method of the recruitment and age limit for various posts was amended and some new posts also created. One of these was the post of Senior Range Forest Officer (Grade‑161. The minimum qualification prescribed for this post was, however, prescribed to be graduates in Forestry. It may be mentioned that another post was also created, namely, the post of Sub‑Divisional Forest Officer (in Grade 17).

On 22‑3‑1984, the petitioners were promoted as Sub‑Divisional Forest Officers (Grade‑17) but the respondents, who did not hold degrees in the Forestry, were ignored. Feeling aggrieved they challenged this order by filing an appeal before the Punjab Service Tribunal.

The Punjab Service Tribunal by its order, dated 21‑5‑1985 accepted the said appeal holding that the respondents were entitled to promotion as per rules in force when they entered service and the subsequent amendment made in the rules could not adversely affect their conditions of service. The Government was, accordingly, directed to consider the respondents for promotion to Grade‑17 from the date of promotion of the petitioners as Sub‑Divisional Forest Officers. Hence these petitions‑‑Civil Petition No. 820 of 1985‑‑by the petitioners and Civil Petition No. 821 of 1985 by the Government.

We have heard learned counsel for the petitioners and consider that the question which, inter alia, requires further consideration is whether a civil servant can claim to be governed, in matters of promotion, by the Rules which were in force at the time of entry into service and the Government is precluded from altering the said Rules subsequently in the light of the changed circumstances so that the existing rules only would continue to govern him in matters of promotion to the higher echelons of service, even in the future

Leave granted in both the cases.

The appeals shall be made ready on the present record, with liberty to the parties to add further documents. The interim order passed by this Court on 27‑5‑1986 is confirmed.

M.I. Leave granted.

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