Find a Lawyer

Case No. 441/913 of 1984, decided on 12th June, 1985.

Privately Managed Schools and Colleges (Taking Over) Regulation), 1972 (M.L.R. 118)

‑‑‑Education Department Memo No. 12/1‑82/31593/E‑I, dated 1‑10‑1983‑‑Caderisation of Ministerial employees of private Schools and Colleges taken over by Government‑‑Cadre of nationalised Ministerial Staff created separate from general cadre‑‑Plea before Tribunal that such ministerial employees automatically became civil servants and at par with General Cadre of Ministerial Staff of Government Schools and Colleges‑‑Status of such employees yet undetermined for lack of rules applicable to them‑‑Tribunal, in circumstances, expressing dissatisfaction and making observations that such like delay in framing rules for determination of their status is unfortunate creating lot of frustration in their ranks and files and need of resolving their status is highly imperative‑‑Tribunal recommending case to Government with direction for framing rules within 2 months in order to settle the controversy‑ Punjab Service Tribunals Act (IX of 1974), S. 4.

Riaz Anwar for Appellants.

Masud Ahmad Ghumman, Deputy District Attorney for Respondents:

‑‑Messrs Haji Ghulam Yasin, Head Clerk, Government Walayat Hussain Islamia Degree College, Masoom Shah Road, Multan, Taj Muhammad Chaudhry, Assistant, Directorate of Education (Schools), Multan Division, Gulgashat Colony, Multan and Muhammad Hussain Sial, Burser, Government Walayat Hussain Islamia Degree College, Masoom Shah Road, Multan, have filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which they have impleaded the Government of the Punjab through Secretary Education, Civil Secretariat, Lahore, Governor of the Punjab, Lahore, Director, Public Instruction (Schools) Punjab, Lahore, and Director Public Instruction (Colleges) Punjab, Lahore, as respondents.

2. By virtue of this appeal they have prayed that the appeal be accepted and order of respondent No. 1 for creating a separate cadre of nationalised Ministerial Staff from the general cadre as referred to in Memo. No.12/1‑82/31593/E‑I, dated 1‑10‑1983, be set aside and respondent No. 1 be directed to merge the Ministerial Staff of nationalised cadre of Ministerial Staff of Government schools and colleges and prepare a combined seniority list accordingly and further to make promotion only on the basis of combined seniority list so prepared.

3. Brief facts of the case are that Ghulam Yasin appellant No. 1 joined service as Junior Clerk on 18‑10‑1957, in Islamia High School, Haram Gate, Multan managed by Anjuman‑e‑Islamia Multan. He was promoted as Head Clerk on 1‑10‑1968, and School was taken over by the Government under the Privately managed Schools and Colleges (Taken over. Regulations (M.L.R.‑118). The services of the appellant stood transferred under W.L.R.‑118 to the Government service. The appellant was transferred on 5‑6‑1980 to Government Walayat Hussain Islamia Degree College as Head Clerk where he is presently serving.

Taj Muhammad Chaudhry, appellant No. 2 joined as Junior Clerk on 1‑11‑1957, at Islamia High School, Daulat Gate, Multan. He was promoted as Head Clerk on 1‑10‑1968, after passing B.A. Examination. The appellant was transferred to Government Gillani Islamia Law College, Multan, as Head Clerk in 1970 and was placed in Grade of Rs.350‑35‑525/ 40‑925. Later on the said college was taken over by the Government under M.L.R.‑118 from 1‑9‑1972 and he was placed in N.P.S. 10. He was then transferred as Assistant to the Directorate of Education (Schools) Multan Division, in 1974, where he is working as such.

Muhammad Hussain Sial, appellant No. 3 joined as Junior Clerk on 1‑3‑1958 at Islamia High School, Aam Khas Bagh, Multan, which was managed by Anjuman‑e‑Islamia Multan. The appellant was promoted as Assistant/ Accountant w.e.f. 1‑3‑1967, after passing B.A. Examination in the scale of Rs.185‑15‑350. He was promoted as Bursar on 1‑1‑1970 in the pay scale of Rs.350‑35‑525/40‑925, and posted at Walayat Hussain Islamia Degree College, Multan. The aforesaid college was taken over by the Government w.e.f. 1‑9‑1972, and the services of the appellant also stood transferred to Government.

This situation went .on and it was after a lapse of 10 years, that the respondents made some movement to decide the crucial issue to determine the status of Ministerial Staff of Nationalised Schools and Colleges vis‑a‑vis general cadre of Government Institutions. A letter dated 9‑9‑1982, was issued by the respondent No. 2 to all the Directors of Education in the Punjab to collect some necessary information regarding the service record of aforesaid Ministerial Staff. That to much dis appointment of appellants the respondent No. 2 issued Memo. No. 12/1‑82/31593/E‑I, dated 1‑10‑1983, to all the Directors of Education (Schools and Colleges) in Punjab, by which the cadre of nationalised ministerial staff was kept separate and distinct from the General cadre.

It was further submitted that the promotion of the said ministerial staff would be made in their own cadre. Feeling aggrieved by the order of respondent No. 1 in its notification dated 1‑10‑1983, the appellants filed appeal before this Tribunal but the same were disposed of with the direction that the appellants should first appeal against the impugned order with the next higher authority i.e. the Chief Secretary/ Governor before filing appeal in the Punjab Service Tribunal. In pursuance of the observation of the Tribunal the appellants filed appeal/ representation to Governor the Punjab and after waiting for a decision for more than 90 days the appellants have filed this present appeal.

4. We have heared the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance.

5. Learned counsel for the appellants has submitted that the order of respondent No. 1 was arbitrary and was not backed by any statutory provision. He has further argued that the services of the appellants and other ministerial staff of the privately managed schools and colleges stood transferred w.e.f. 1‑9‑1972 and 1‑10‑1972 to Government and they automatically became civil servants and at part with the General Cadre of ministerial staff of Government schools and colleges: therefore, to treat them as separate cadre, would be unjustified. Learned counsel for the appellants has pointed out that discriminatory treatment made to the appellants inasmuch as that the staff of the Local Council which were taken over by the Government under the West Pakistan Primary Education Ordinance, 1962, and the services of the teachers and ministerial staff working in such schools were also transferred to Government service, and the said staff was merged with the General Cadre of Education Department w.e.f. 1‑7‑1962, under the orders of Government dated 24‑7‑1977, therefore, they were also entitled to the seine treatment. For this he has relied on combined seniority list of Assistants/Head Clerks, as issued with regard to the said staff. It was further urged that the policy letter could not have the sanctity of rule and same be ignored.

6. On the other hand learned District Attorney has submitted that the appellants have been treated as a separate cadre under the policy letter dated 1‑10‑1983, issued by the Governor which has a general application and as such it would have the force of rules to which the appellants could not take any exception. With regard to the discriminatory treatment as pointed out by the learned counsel for the appellants vis‑a‑vis the case of Local Bodies employees, it has been submitted that such employees were governed under certain rules and their posts were pensionable whereas no rules were framed with regard to the ministerial staff cadre by the respective Institutions/ Bodies, therefore, their case could not be treated at par with those employees of the Local Government.

7. We have given our anxious thought to the arguments advanced by the parties and find that the fate of the appellants still remained undetermined for lack of framing of any rules applicable to them. We are constrained to observe that such like delay in framing of rules for determination of status of the appellants, is unfortunate and has created lot of frustration in their ranks and files and the need of resolving their status is highly imperative. In view of the above we will recommend their case to Government with the direction that some rules should be, framed within a period of 2 months in order to settle this controversy which is more than 13 years old.

8. The result is that with these directions, we dispose of this, d appeal and we are confident that Government will waste no further time to settle the same in one way or the other. A copy of this judgment should be sent to the Secretary Education Punjab, by name. There will be no order as to costs.

A. E.

Orders accordingly.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.