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Case No. 522/1891 of 1982, decided on 14th June, 1983.
‑‑‑S. 4‑‑Civil servant claiming entitlement to a higher grade post in his parent department‑‑Held: Tribunal has no jurisdiction in matters of fitness and promotion to a ‑particular post or grade.
Abid Hassan Minto for Appellant.
A.G. Humayun District Attorney for Respondents.
‑‑Hafiz Mohammad Qasim, Director, Estate Management, Lahore Development Authority, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab through Secretary Home Department, Civil Secretariat, Lahore and Mr. Zaka Ullah Naik, Additional Secretary, Government of the Punjab, Home Department, Lahore, as respondents.
2. By virtue of this appeal he has prayed that the post of Additional Secretary (Jails), Home Department was always a post reserved for the officers of the Jail Department, and the appellant shall be eligible for the same.
3. Brief facts of the case are that the appellant who is basically an officer of the Prisons Department i.e. Superintendent Jail in N.P.S.18, is working against an ex‑cadre post of Grade‑19 as Director, Estate Management, Lahore Development Authority, Lahore. The appellant made representation to the Government that he being the senior most officer of Grade‑18 of the Jail Department, having put in more than 12 years of service with outstanding record, was entitled to claim the post of Additional Secretary (Jails) Home Department. This representation was considered by the Services, General Administration and Information Department which turned down the same. The matter was brought to the notice of the Governor through a further representation submitted by the appellant, which was ultimately turned down by the Governor vide his order dated 30‑3‑1983, Hence the appellant filed this appeal before this Tribunal against the said order.
4. We have heard 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. It has been submitted on behalf of the appellant that he has completed the requisite minimum service of 12 years to qualify for further promotion in N.P.S.19. With regard to the claim of the appellant that the post of Additional Secretary (Jails), Home Department, was always filled from the officers of the Jail Department, learned counsel for the appellant has quoted instances of Syed Shafqat Ullah Shah etc. It has been further submitted that since the dissolution of One Unit, two posts in N.P.S.19 and one post in N.P.S.20 have always been filled in by the officers of the Prisons Department. In this respect the appellant has based his claim on the instance of Major Ibrahim Khan Tareen and Col. Ejaz Hussain and also the consistent policy of the Government by filling this post from the officers of the Prisons Department. Much reliance has been placed on the notification dated 18‑9‑1976 and 29‑4‑1976. Learned counsel for the appellant has also quoted the cases of Messrs Pervez Saleem Hussain, Ch. Nazir Ahmad Akhtar, Col. Ejaz Hussain, Syed Shafqat Ullah Shah, in support of his claim.
6. On the other hand learned District Attorney has submitted that the case is liable to be turned down on the following grounds:‑
(1) That the post of Additional Secretary (Jails), Home Department is an ex‑cadre post which has never been born on the list of posts of the Jail Department.
(2) That he has never been promoted as N.P.S.19 as yet, therefore, he has least claim of being a person eligible for this post, which is basically a post for an officer duly inducted in N.P.S.19.
(3) That infect the appellant is asking for promotion to Grade‑19, a matter which is beyond the jurisdiction of this Tribunal.
7. We have given our anxious thought to the arguments so advanced by the parties and have satisfied ourselves from the record that the case of the appellant for promotion to Grade‑19 was forwarded to the Governor of the Punjab through his representation which inter alia asked for this relief. The Governor has rejected the claim of the appellant, including his prayer for promotion to Grade‑19.
8. In view of the above, we are of the considered opinion that unless and until, the appellant is first inducted in N.P.S.19, it would be not possible for us to touch his claim with regard to the issue as to whether the post for which he is clammering, is a post purely and simply for Secretariat or a post reserved/borne on the list of posts so reserved for the Prisons Department. We are also satisfied that in a way appellant is asking us to declare that he is a fit person to be promoted to Grade‑19 in his parent Department, a claim for which we are afraid, we have no jurisdiction. Section 4 of the Punjab Service Tribunals Act, 1974, takes away the jurisdiction of this Tribunal in matters of fitness and promotion of a civil servant to a particular post or grade.
9. In the light of the above analysis of the case, we dispose of 'his appeal as premature, without entering into the merit of the case with regard to the issue whether the post of Additional Secretary (Jails) Home Department, is a post reserved for the officers of the Prisons Department or Secretariat post. However, there will be no order as to cost. The above order should be communicated to the parties.
M.I.
Appeal dismissed.
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