Ch. MUHAMMAD INSHA ULLAH And Others vs CHIEF CONSERVATOR OF FORESTS (P&E), PUNJAB And Other
This matter arose from civil petitions for leave to appeal directed against an order of the Punjab Service Tribunal. The private petitioners, who were directly recruited as Forest Rangers holding B.Sc. degrees in Forestry, and the official petitioner (the Government) challenged the Tribunal's decision which held that the respondents (promoted Forest Rangers holding only certificates) were entitled to be considered for promotion to Grade-17 under the rules in force at the time of their entry into service, notwithstanding subsequent amendments prescribing a degree in Forestry as a minimum qualification. The core legal question is whether a civil servant has a vested right to be governed in matters of future promotion by the rules in force at the time of their entry into service, or whether the Government retains the authority to alter such rules to meet changing administrative needs. The Supreme Court of Pakistan granted leave to appeal to consider this question, confirming the interim order in the meantime.
- Can a civil servant claim a vested right to be governed in matters of future promotion by the rules in force at the time of their entry into service?
- Is the Government precluded from altering service rules and qualifications for promotion to higher grades after a civil servant has entered service?
- Section 23, Punjab Civil Servants Act 1974
ORDER
1. NASIM HASAN SHAH, J.--This order will dispose of Civil Petition No. 820 of 1985 and Civil Petition No. 821 of 1985, as, both are directed against the one and the same order passed by the Punjab Service Tribunal on 21-5-1983.
2. For the purposes of this order it will suffice to refer to the parties arrayed in Civil Petition No. 820 of 1985.
3. The petitioners and respondents Nos.4 to 9 are serving in the Forest Department of the Punjab Government. Whereas the petitioners, who are graduates in the Forestry (B.Sc.), were directly recruited as Forest Rangers (Forest Range Officers) in Grade-11 from different dates between 1959 to 1964; the respondents Nos.4 to 9, who are Matriculates/ F. As. , joined service as Foresters or Deputy Rangers in the Forest Department between the years 1944-1957 and were promoted as Forest Rangers (Forest Range Officers) subsequently (1958-1961). These officers only hold certificates in Forestry which they-received after undergoing one year training in Forest School Ghora Gali. For purposes of promotion etc. They were governed by the Punjab Forest Service (Class II) Rules, 1941 which were the Rules, in force, when they entered service. These rules were replaced by the West Pakistan Forest Service (Class II) Rules, 1962.
4. By notification dated 16-4-1976 issued under section 23 of the Punjab Civil Servants Act, 1974, the existing Rules prescribing minimum qualifications, method of the recruitment and age limit for various posts was amended and some new posts also created. One of these was the post of Senior Range Forest Officer (Grade-161. The minimum qualification prescribed for this post was, however, prescribed to be graduates in Forestry. It may be mentioned that another post was also created, namely, the post of Sub-Divisional Forest Officer (in Grade 17).
5. On 22-3-1984, the petitioners were promoted as Sub-Divisional Forest Officers (Grade-17) but the respondents, who did not hold degrees in the Forestry, were ignored. Feeling aggrieved they challenged this order by filing an appeal before the Punjab Service Tribunal.
6. The Punjab Service Tribunal by its order, dated 21-5-1985 accepted the said appeal holding that the respondents were entitled to promotion as per rules in force when they entered service and the subsequent amendment made in the rules could not adversely affect their conditions of service.
7. The Government was, accordingly, directed to consider the respondents for promotion to Grade-17 from the date of promotion of the petitioners as Sub-Divisional Forest Officers. Hence these petitions--Civil Petition No. 820 of 1985--by the petitioners and Civil Petition No. 821 of 1985 by the Government.
8. We have heard learned counsel for the petitioners and consider that the question which, inter alia, requires further consideration is whether a civil servant can claim to be governed, in matters of promotion, by the Rules which were in force at the time of entry into service and the Government is precluded from altering the said Rules subsequently in the light of the changed circumstances so that the existing rules only would continue to govern him in matters of promotion to the higher echelons of service, even in the future?
9. The appeals shall be made ready on the present record, with liberty to the parties to add further documents. The interim order passed by this Court on 27-5-1986 is confirmed.