SHAHID MANSOOR Versus SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD

RANA RIFAT SAEED (MEMBER): ‑‑The appellant, Shahid Mansoor, had mentioned that he had been appointed as a Statistical Officer (B‑17) through FPSC vide letter dated 6‑6‑1991 and he had joined respondent‑Department on 18‑6‑1991. Although then in the FPSC some equivalent vacancies of Statistical Officers (B‑17) were existing, but unfortunately the appellant's services had been terminated from back date of 1‑8‑1992 vide letter dated 21‑10‑1992. This was mala fide, as the service had been terminated from the back date when the equivalent vacant posts were available in the Department. The appellant had submitted a representation on 17‑11‑1992 and it had not been acceded to. As such he submitted the instant appeal on 10‑3‑1992 with the following prayer:‑

"In view of the abovementioned grounds it is respectfully prayed that the order dated 21‑10‑1992 passed by respondent may please be set aside as having been passed without lawful authority, and without legal effect and the appellant may please be treated in regular services after the expiry of one year service of probation and be adjusted against the vacant post lying in the Management Service Division and the pay which was stopped w.e.f. 1‑8‑1992 may kindly be released."

2. The learned counsel and the representative from the respondent Deparment had mentioned that the appellant had been given appointment as Statistical Officer (B‑17) for an initial period upto 30‑5‑1992, but likely to continue further by Notification dated 30‑6‑1991. In fact the appellant's services could be continued against a vacant post, but one Ijazul Haq who was an employee of the respondent Department and who had been working as S.O. in the Aviation Division had repatriated to work in his parent Department i.e. respondent Department vide notification dated 19‑7‑1992 and he had joined back the Department w.e.f. 1‑8‑1992 (FN). This was the reason to terminate the service of the appellant.

3. The appellant had further stated that, in addition to a vacant post of Statistical Officer to be occupied by Ijazul Haq, there was another equivalent vacant post in the Department whose incumbent had been working as Section Officer in the Finance Division and against which the appellant could be allowed to continue or to be accommodated to work as Statistical Officer. This was also supported/recommended by the Minister of State for Management Services Division and accordingly a summary was sent to the Establishment Division on 17‑9‑1992, wherein it was dearly mentioned that a post of Statistical Officer Bashir Ahmad who had been working in the Finance Division was still vacant in the M.S.D. and the appellant could be continued/accommodated against the said post for an initial period upto 13‑3‑1992 and beyond. However, the Establishment Division did not agree to this arrangement and had replied as under to fill the post on additional charge or current charge basis:

"No.12(3) 91‑CP‑I, Islamabad the 5th October, 1992

OFFICE MEMORANDUM

Subject‑ ADJUSTMENT OF MR. SHAHID MANSOOR, STATISTICAL OFFICER AGAINST THE VACANT POST IN THE PAKISTAN PUBLIC

ADMINISTRATION RESEARCH CENTRE UPTO 13‑3‑1993.

The undersigned is directed to refer to the Management Services Division's U.O. No. 13/4/1991‑Estt. I, dated 17‑9‑1992 on the above subject and to say that since Mr. Shahid Mansoor was appointed against a short terms vacancy of Statistical Officer (B‑17) and on reversion of the original incumbent, his services have also been terminated with effect from 1‑8‑1992, he cannot be adjusted against another post in continuation thereof. Therefore, the proposal of the Management Services Division is not tenable and that Division is advised to fill the short term vacancy by way of additional charge/current charge arrangement.

Sd (Ashiq Hussain)

Section Officer (CP‑1)

Management Services Division,

(Mr. Muhammad Sabir, S.O.),

Islamabad."

4. Upon examination and scrutiny of record particularly the summary sent to the Establishment Division by the M.S.D. on 16‑9‑1992 requesting for adjustment/extension of the appellant to work against a vacant post available in the M.S.D., the Establishment Division had not agreed to adjustment/extension of the appellant, when a clear vacancy in the respondent‑Department to accommodate the appellant for further appointment/adjustment/extension as Statistical Officer was available. Justification and action of the Establishment Division for not agreeing to the adjustment/extension against a vacant post were not understood, furthermore when case had been recommended by M.S.D. Since the request of‑ the respondent Department for adjustment/extension of the appellant up to an initial period of 13‑3‑1993 and beyond or till the return of the second officer of the MSD (Mr. Bashir Ahmad, S.O.) working in the Finance Division on deputation/under section 10 was genuine and justified, Establishment Division should have agreed do the adjustment/extension of the appellant accordingly. The representative of the Establishment Division (Mr. Zakaullah Jan) who was present had confirmed that the second officer (Mr. Bashir Ahmad, S.O.) who was to return/repatriate in M.S.D. by 13‑3‑1993 had not returned and he was still working in the Finance Division and as such the post of Statistical Officer was still vacant and available to accommodate the appellant on temporary basis.

5. Under the aforementioned circumstances and after hearing the parties, we assess that the termination of the services of the appellant from a back date was not in order and was too harsh an extreme, though not recommended by the respondent‑Department, yet taken by the Establishment Division when a post of Statistical Officer (B‑17) and equivalent had all along remained vacant in the M.S.D. to accommodate/adjust the adjustment/extension of the appellant. We, therefore, partially accept the appeal, set aside the order of termination of the appellant's services dated 21‑10‑1992 and direct the respondent‑Department (M,S.D.) to continue/accommodate the appellant as Statistical Officer (B‑17) through adjustment/extension against a vacant post of Statistical Officer (B‑17) or equivalent under the M.S.D. .and a gap in the appellant's services be settled as per his entitlement under relevant leave rules and with all back benefits.

6. No order for costs.

H.B.T./867/Sr. F Order accordingly