Malik RASHID AHMAD vs MEMBER (REVENUE), BOARD OF REVENUE And Other
This petition for leave to appeal arises out of a judgment of the Punjab Service Tribunal, Lahore, which dismissed the petitioner's appeal regarding his appointment to the post of H.V.C.(R) Sialkot. Applications were initially invited for the vacancy, and the petitioner was appointed. Respondents challenged this before the Member (Revenue), Board of Revenue, who set aside the promotion holding the petitioner ineligible. The Service Tribunal upheld this view, finding that the petitioner lacked the requisite three years of experience as a Colony or Revenue Assistant under the applicable rules. Before the Supreme Court, the petitioner contended that the West Pakistan Revenue Department Ministerial Service (District Cadre) Rules, 1964, as amended in 1972, required three years of experience in the Revenue Branch or Colony Branch generally, rather than specifically as a Colony or Revenue Assistant. The Supreme Court granted leave to consider whether the rule requires experience strictly in the specified category or encompasses earlier experience as a Senior or Junior Clerk.
- Whether the requirement of three years' experience in the Revenue Branch or Colony Branch for promotion to Head Vernacular Clerk necessitates experience strictly in the same category or includes earlier experience as a Senior or Junior Clerk?
- Did the Punjab Service Tribunal correctly interpret the amendment to the West Pakistan Revenue Department Ministerial Service (District Cadre) Rules, 1964 regarding eligibility for promotion?
- West Pakistan Revenue Department Ministerial Service (District Cadre) Rules, 1964
ORDER
1. DAVID IQBAL, J.-- This petition for leave to appeal is directed against the judgment, dated 5th November 1986 of the Punjab Service Tribunal, Lahore. Briefly the facts are that applications were invited from suitable eligible officials in order to fill the vacancy of H.V.C.(R) Sialkot. The petitioner was found eligible for the post and was appointed as such. Against his selection and eligibility respondents Nos.3 and 4 preferred appeals before respondent No.1 and respondent No.1 setting aside the order of promotion of the petitioner directed respondent No.2 to make fresh appointment in accordance with the Rules. Thereafter, the petitioner challenged the said order of respondent No.1 in appeal before the Punjab Service Tribunal, Lahore which vide its judgment, dated 5th November. 1986 dismissed the same on the ground that under the rules applicable to the case of the petitioner he was not eligible because he had not worked as a Colony or Revenue Assistant with at least 3 years' experience in the Revenue Branch or Colony Branch separately or jointly.
2. Learned counsel for the petitioner contended that the West Pakistan Revenue Department Ministerial Service (District Cadre) Rules, 1964 were amended in 1972 vide Notification, dated 23rd January, 1972. In respect of promotion of an H . V. C. In the Office of the Commissioner or the Deputy Commissioner where the vacancy occurred, the promotion was to be made in the following manner: "(a) by promotion from Assistants of the offices of the Commissioner and the Deputy Commissioners in the Division where the vacancy occurs, with at least three years' experience in the Revenue Branch or Colony Branch, separately or jointly, or (b)by transfer from the cadre of Naib-Tehsildars/Head Munshis/Sadar Kan ungo/District Revenue Accountants in the Division where the vacancies occur."
3. It is submitted by the learned counsel that in the aforesaid amendment it is not stated that only those Assistants would be eligible who, at least 3 years' experience as such. The Colony or Revenue Assistant was altogether a different nomenclature which was not meant for the purposes of the ministerial service, and that had it been the intention of the framers of the Rules, it would have been clearly laid down as 'with at least 3 years' experience as such in the Revenue Branch or Colony Branch separately or jointly".
4. Leave is granted, inter alia, in order to consider whether the amendment made in the Rules for promotion of a Head Vernacular Clerk from the Assistants with at least 3 years experience in the Revenue Branch or Colony Branch separately or jointly, means experience only in the same category or includes such experience in the earlier career of a civil servant as Senior/Junior Clerk.
5. The appeal shall be heard on the present record at an early date. No stay.