EHSAN-UL-HAD Versus THE PROVINCE OF PUNJAB

ORDER

1. NASIM HASAN SHAH, J. ‑‑This is a petition under Article 22(3) of the Constitution of Pakistan seeking leave to appeal against the order dated 30‑12‑1969 passed by the Punjab Service Tribunal, Lahore, in Appeal No. 384 of 1978.

2. The relevant facts are that the petitioner was recruited as an Assistant Medical Officer in Class‑11 Junior Grade under tae West Pakistan Local Councils and Municipal Committee Service Rules, 1963. His qualifications were that he held a medical technician certificate from the West Pakistan State Medical Faculty, Lahore. He joined service on 22-12-1970 and was confirmed on 22‑12‑1973. The grade of pay for the service was raised to N. P. S. 11 in 1972. The Punjab Government made the Civil Service Rules, 1974, applicable to the servants of the Local Councils and hence the petitioner has been enabled to move the Service Tribunal.

3. His grievance is that the educational qualifications required for the post of Assistant Medical officer were either L. S. M. F. or Medical Technician and the Assistant Medical Officers holding either of the qualifications, namely, L. S. M. F. or Medical Technician were eligible for the said post and for all practical purposes the two qualifications were laced at par. However, by a notification dated 25‑8‑1977, an amendment was made in the earlier notifications and class‑11 junior was split up into two categories. Pay Scale in N. P. S. 15 was proposed for Licentiate Doctors with retrospective effect, i. e. from 1‑3‑1972 while N. P. S. 11 was proposed for others, i. e. non -licentiate Doctors. This was intended to apply to persons in the category of the petitioner. The amendment was in the following terms

"AMENDMENT

4. The entry at S. No. 1 of the said notification shall be substituted as follows: ‑

5. S. No. Name of Class Existing Grade Proposed

6. N. P. S.

1. Class‑11 (Jr:) Rs. 225‑15‑360/20 (i) 375‑25‑500/

7. 500 30-650/35

8. 825(NP,S-15) plus Non‑practis ing allowance of

9. Rs, 75 p. m. for

10. Licentiate Doctors only.

11. The above amendment shall take effect from 1‑3‑1972."

12. The complaint of the petitioner is that after several years of being treated at par and having the same opportunities in service as licentiate Doctor a distinction was created between the two categories. The Licentiate was given higher scale of pay, i. e. N. P. S. 15 with retrospective effect while the Assistant Medical Officers holding the qualifications of a Medical Technician were kept at the previous level.

13. Aggrieved by the above decision, the petitioner represented to the Provincial Government but his representation was rejected vide letter dated 27‑11‑1978. The petitioner, therefore, filed an appeal before the Punjab Service Tribunal which was also rejected by it vide its order dated 30‑12‑1979 on the ground that although the Medical Technicians have been treated at par for some purposes but not so treated for the other purposes, as was pointed out by the High Court in connection with the petitioner's own writ petition (W. P. No. 1985‑S/73). Herein a reference was made to the intention of the Government to ultimately replace the Technicians by M. B., B. S./L. S. M. F. Doctors as soon as they are available. It was further observed that the Government had the right to prescribe different scales of pay for persons holding different qualifications and has prescribed the scales of pay on a rational basis. Since he was not qualified as L. S. M. F. he was not entitled to Grade 15 under the Rules. Dissatisfied, the petitioner has moved this petition for leave to appeal in this Court.

14. Mr. Wasim Sajjad, learned counsel for the petitioner has reiterated the submissions made by the petitioner before the Service Tribunal. He has submitted that for the last several years, the petitioner has been in service and the two categories have been treated on the same level. There is, thus, no justification for creating a distinction at this stage and harming the service prospects of the petitioner. Persons holding qualifications of L. S. M. F. have been granted N. P. S. 15, with effect from 1‑3‑1972 by notification dated 25‑8‑1977 and this means that the Licentiates who were at par with the petitioner have been given N. P. S. 15 retrospectively. This will affect the prospects of promotion of the petitioner and he would have no, opportunity of advancement in his profession.

15. We fail to see as to what legal right of the petitioner has been infringed by granting higher scale of pay to persons in the service holding the qualification of L. S. M. F. An appeal under section 4 of the Punjab Administrative Tribunals Act is competent only if any terms and conditions of a Civil servant is violated. No term and condition of service of the petitioner has been violated by the action of the Government in granting B higher scale of pay to a category of officers, who were Assistant Medical officers but held a higher qualification before entry into service. It may also be observed that prospects of promotion have never been considered a term and condition of service (see Government of West Pakistan v. Fida Muhammad Khan (P L D 1960 S C 45) and merely because N. P. S. 15 has been given to Assistant Medical Officers holding qualification of L. S. M. F. and not to those holding the qualification of medical technician, it cannot be held that any of his terms of service has been violated.

16. There is therefore no force in this petition which is dismissed hereby.

17. Petition dismissed.