Ch. GHULAM HUSSAIN Versus SECRETARY TO GOVERNMENT OF PUNJAB FORESTRY AND WILDLIFE DEPTT

ABDUL HAMID CHAUDHRY (MEMBER). ‑‑Ch. Ghulam, Hussain Assistant Entomologist, Office of the Divisional Forest Officer, Post Control, Ravi Road, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Province of the Punjab through Secretary, Forestry and Wildlife Department, Government of the Punjab, Civil Secretariat, Lahore and the Chief Secretary, Government of the Punjab, Civil Secretariat, Lahore, as respondents.

2. By virtue of this appeal, he has prayed that the impugned order, dated 26‑2‑1984 as also orders, dated 19‑11‑1979, be set aside and the original appointment letter, dated 9‑4‑1979 issued by the Governor be held valid, operative and effective w.e.f. 30‑1‑1973. He has also prayed that the appellant be allowed the salary and status of Grade‑17 w.e.f. 30‑1‑1973, in accordance with the order, dated 9‑4‑1979. It has been prayed that a consequence of his regular appointment in NPS‑17 w.e.f. 30‑1‑1973, the appellant be assigned proper place in the seniority list of Grade‑17 officers of the Forestry Department w.e.f. his date of regular appointment in Grade‑17 w.e.f. 30‑1‑1973.

3. Brief facts of the case are that after doing his M.Sc. Agr. (Entomology) the appellant was appointed as Entomologist on ad hoc basis w.e.f. 14‑2‑1969, in the Research Wing of the then Agriculture Department. Subsequently another post of Assistant Entomologist required for the Forest Wing of the then Agriculture Department was advertised by the West Pakistan Public Service Commission. The appellant applied for the post through proper chance and was selected. In the meantime, the appellant was appointed as Assistant Entomologist on ad hoc basis in the Forest Wing, Working Plan and Development Plan Circle, Lahore, vide order No. 80 (AET) 6(15)/72/SOFT(E) by the Government of the Punjab, Agriculture Department, dated 11‑1‑1973, Annexure 'A'. The appellant joined the post in the Forest Wing on 30‑1‑1973. It is obvious from the statement that from 14‑2‑1969 to 29‑1‑1973, the appellant worked in the Research Wing of the Agriculture Department as Assistant Entomologist on ad hoc basis. From 30‑1‑1973, the appellant started working in the Forest Wing of the then Agriculture Department as Assistant Entomologist on ad hoc basis. The period of ad hoc appointment in the Agriculture Department from 14‑2‑1969 to 29‑1‑1973, was subsequently regularized by the Governor of the Punjab vide Notification No. SO (A‑I)1‑56 of 1977, dated 28‑1‑1980, Annexure 'B'. The Agri culture Department was re‑organised w.e.f. 1‑7‑1973 and three independent Administrative Departments viz. Agriculture, Forestry and Livestock L Dairy Development were created. From 28‑8‑1972, the status of the post of Assistant Entomologist in the Agriculture Department was raised from Class II to Class 1 Junior in Pay Scale of Rs.450‑50‑1,000 vide Notification No. SOR III‑2‑10/71 (B), dated 25‑6‑1973, Annexure 'C'. Thereafter class distinction was abolished vide Government Notification No. SOP III‑1‑52/73, dated 5‑7‑1974 and grades were introduced. Class I was placed in Grade‑17 and Class 11 was placed in Grade‑16. Accordingly revised salary slip was issued by the Accountant- General Punjab, Lahore, in respect of the appellant whereby he was allowed. pay in NPS‑17 (Junior Class 1) and his salary was fixed at Rs.500 p.m. w.e.f. 28‑8‑1972 to 29‑1‑1973, for the period the appellant had worked in the Agriculture Department as Assistant Entomologist. Copy of salary slip at Annexure 'D'. However, before regular appointment of the appellant, a Notification No. SOFT (E)‑8/56/73, dated 9‑4‑1977 was issued by Government of the Punjab, Forestry and Wildlife Department wherein, the appellant was placed in NPS‑17 w.e.f. 11‑11‑1974, Annexure 'E'. The appointment of the appellant as Assistant Entomologist in NPS‑17, or regular basis was ordered by the Governor of the Punjab vide order No. SOE‑I/3‑11/73, dated 7‑4‑1979, in supersession of the earlier order of the former Agriculture Department, dated 11‑1‑1973. Annexure 'F'. Later on this notification of the Governor was substituted by an order, dated 19‑11‑1979, Annexure 'G', wherein, the appellant was appointed as Assistant Entomologist Pest Control Grade‑16 w.e.f. 30‑1‑1973, and was placed in Grade‑17 w.e.f. 11‑11‑1974, Annexure 'H'. The Forest Department again issued another order, dated 19‑11‑1979 which again amended the earlier order, dated 9‑4‑1979, issued by the Governor wherein the appellant was again appointed as Assistant Entomologist in Grade‑17, w.e.f. 11‑11‑1974. This order did not indicate the service of appellant from 30‑1‑1973 to 10‑11‑1974. The appellant filed a representation against these orders which was ultimately rejected by the Government of the Punjab, Forestry and Wildlife Department vide letter, dated 26‑2‑1984 conveyed to the appellant on 26‑3‑1984. The appellant then filed appeal before the Punjab Service Tribunal (No. 332/84) which was disposed of as withdrawn for availing of departmental remedy. Thereafter, the appellant filed a representation to the Governor on 4‑8‑1984 through registered post and as no decision was taken within the period of 90 days, he has come before this Tribunal through this appeal.

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 argued by the learned counsel for the appellant relying on the order, dated 9‑4‑1979, Annexure 'F' issued by the Secretary, Forestry and Wildlife Department that the appellant was appointed in NPS‑17 from 30‑1‑1973 under the orders of the Governor. Learned counsel for the appellant has pointed out that according to his knowledge a summary was moved to the Governor and after the approval a notification was issued but later on the Secretary, Forestry and Wildlife Department has substituted the date of appointment of the appellant in Grade‑17, from 11‑11‑1974, at his own accord as he cannot modify or substitute the orders so passed by the Governor. He has prayed that the record of the Forest Department be called for verification and if his above contention is correct then the order of 9‑4‑1974 be restored and the modified orders, dated 19‑11‑1979 (Annexures 'G' and 'H'), be set aside.

6. Learned District Attorney has adopted the comments in extenso submitted by the Department and has submitted that the substitute orders are valid orders passed by the competent authority and may be maintained.

7. We have given our anxious thought to the arguments advanced by the parties and after consulting the record so produced by the Forestry and Wildlife Department, before this Tribunal, we have satisfied ourselves that order, dated 9‑4‑1979, Annexure 'F', was passed by the Secretary, Government of the Punjab, Forestry and Wildlife Department with the prior approval of the Governor. We have perused the record and find that the substituted orders, dated 19‑11‑1979, Annexures 'G' and 'H', were passed by the‑ Secretary, Government of the Punjab, Forestry and Wildlife Department independently without seeking the approval of the Governor, hence these substituted orders cannot be sustainable and are, therefore, set aside as having been passed without lawful authority.

8. The up shot of the discussion of the case is that the appeal is accepted and order of Governor of Punjab, dated 9‑4‑1979, will prevail and is restored. According to this, the appellant is entitled to Grade‑17 w.e.f. 30‑1‑1973 and not from 11‑11‑1974. Judgment to be communicated to the parties. There will be no orders as to costs.

A.E.

Appeal accepted