ZAKI AHMAD SIDDIQI Versus SECRETARY, MINISTRY OF EDUCATION, ISLAMABAD

JUSTICE SHAH ABDUR RASHID (CHAIRMAN).‑‑ The appellant, Zaki Ahmad Siddiqi, who joined the Education Department of former East Pakistan, with effect from 28‑1‑1967, was serving as a College Lecturer in the time scale 450‑1000. On Fall of Dacca, he got himself repatriated to Pakistan on 23‑3‑1974. Initially his attempts to secure an equivalent job in Pakistan failed, but subsequently he got stray appointments and finally was selected as a Lecturer in the Punjab Province after clearing the Public Service Commission examination. Finally, a post of Lecturer in pay scale 17 was advertised by the Federal Public Service Commission in the Federal Government College (Men), Islamabad, and the appellant was duly selected and is serving in that capacity since 31‑5‑1980.

2. In this appeal, the claims of the appellant are contained in paragraph 14 of the memo of appeal. They are:

(a) He may kindly be allowed seniority in the post of Lecturer (BPS‑17) under the Federal Government w.e.f. the 28th January, 1967, the date of his appointment as Lecturer under the former Government of East Pakistan; and

(b) The period from 28‑1‑1967 the date of his appointment under the former Government of East Pakistan to 31‑5‑1980 (the date of his appointment under the Federal Government) may kindly be allowed to be counted for purpose of pension under the Federal Government.

3. It is not denied that the appellant had joined the service of the former East Pakistan on 28‑1‑1967 and was serving as a Lecturer with effect from 1‑7‑1971 in the pay scale of 450‑‑1000 and that time scale corresponds to the present pay scale 17 held by him.

4. To cover the cases of ex‑employees of East Pakistan, the Ex‑Employees of the Former Government of East Pakistan (Appointment to Federal Posts) Ordinance, 1983, was enacted on 25‑5‑1983. It was applicable to those employees of East Pakistan who migrated from East Pakistan to Pakistan during the period 16‑12‑1971 to 31‑12‑1974. The appellant definitely falls in that category. Section 3 of the Ordinance provides that the competent authority may appoint such an employee to an existing or supernumerary post in the grade, as far as practicable, equivalent to the scale of the former post of such employee from the date he holds such post. Section 4 deals with seniority and provides that the service rendered under the former East Pakistan Government by an employee shall count towards seniority in the grade of the post to which he may be appointed. Section 5 deals with pension matters and lays down that service rendered under the former Government of East Pakistan which qualifies for pension under that Government by an employee who is appointed to a post in shall count for the purpose of pension under the Federal Pakistan Government.

5. The aforesaid provisions of the Ordinance are clear enough and entitle the appellant to the relief claimed by him in this appeal. The learned counsel for the State, however, argues that sections 3, 4 and 5 of the Ordinance are not applicable to the persons who get into employment directly through their own efforts through Public Service Commission and that these provisions are available only to those persons who are appointed under section 3 of the Ordinance without competing for a post with other persons. We are unable to subscribe to this view, because section 3 does not lay down that if the mode of appointment is through the commission or by a competition, B then the employee shall not get the benefit of sections 4 and 5 of the Ordinance. On the other hand, such a person would be more deserving because his selection is made by the competent authority not merely on account of his being ex‑employee but also on the basis of merit.

6. For the reasons stated above, we accept this appeal and direct that in B‑17 as Lecturer, the appellant's seniority shall count from 1‑7‑1971 (not from 28‑1‑1967 as claimed by the appellant); and further that the period from 28‑1‑1967 to 31‑5‑1980 shall count for the purpose of pension under the Federal Government.

7. Parties to be informed accordingly.

A.A.13871Sr.F Appeal accepted.