ASLAM KHURSHID vs THE SECRETARY, ESTABLISHMENT DIVISION and others
This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which dismissed the petitioner's claim for a change of his service discipline/group from Chemistry to Physics. The petitioner, a government employee, argued that his acquisition of an M.Sc. degree in Physics entitled him to be reallocated to the Physics discipline with retrospective effect, citing his previous work experience and qualifications. The core legal question was whether the mere acquisition of higher academic qualifications during service creates a vested right for an employee to demand a change of their designated service group or discipline. The Supreme Court held that the petitioner had no such entitlement. The Court affirmed the Tribunal's finding that the petitioner belonged to the Metallurgy Laboratories, which fell under the Chemistry group, and that reallocating him would unjustifiably disrupt the seniority of other employees. The key principle laid down is that mere academic qualifications do not automatically entitle a civil servant to a change in their service discipline or group, especially when such a change would adversely affect the established seniority structure of the department.
- Does the acquisition of higher academic qualifications during service create a vested right for a civil servant to be reallocated to a different service discipline?
- Can a civil servant demand a change of service group if such a change would disrupt the seniority of other employees?
- Is the decision of a department to deny a change of service discipline subject to interference if no violation of law is shown?
- Article 212(3), Constitution of Pakistan 1973
- Recruitment Rules 1976
ORDER
' SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Federal Service Tribunal dated 19-11-1989, whereby his appeal was dismissed.
2. The petitioner joined service in the Metallurgy Laboratories which has been allocated to the Chemistry discipline and worked there since 1965. While serving there, in 1979, he improved his qualifications by obtaining a degree in M.Sc. Physics. He represented to the departmental authorities on 29-7-1987 in the words as hereunder:-- "I joined the Department as B.Sc. In Physics and Mathematics. I obtained a degree in Physics from Quaid-e-Azam University in January, 1979. I requested for posting in a group commensurate with my qualifications vide an application date on 16-4-1979. I was promoted as Research Officer and presumably placed in Physics Discipline. This presumption gains strength since I was transferred to the Electro-Optics (NVD), DESTO Labs Chaklala vide DESTO (HO) letter No, 1061/2/DESTO/ Admin-I, dated 24-10-1983 on the basis of my being M.Sc. In Physics in 1983. Since then I am working in this capacity to the entire satisfaction of my seniors.
' It is, therefore, requested that I may kindly be placed in Physics Discipline, with retrospective effect i,e. July, 1981 under intimation to all quarters concerned. Necessary amendment in the seniority list may also be issued."
' His request was rejected by reply as hereunder:-- "It has been informed by the DESTO (HQ) that your case regarding change of discipline/group from material to Physics has been thoroughly considered/examined by CA. The placement of a person in group is to be done once for all. Shifting from one group/Discipline to other specially in view of the recent Government letter allowing promotion within specified group, is likely to cause problems and may open the door for manoeuvres. Therefore, it is regretted that change of discipline as requested by you cannot be allowed at this belated stage."
' These were the proceedings which were challenged by him before the Service Tribunal. The Tribunal after examining all aspects of the case, recorded the following finding:-- "We have carefully perused the record and heard both the parties. We are convinced that the appellant in fact belongs to the Metallurgy Laboratories which had always formed part of the Chemistry Group. His change over to Group (i) of Physics and allied subjects at this stage is bound to upset the seniority of those who are assigned to Group (i). This is unwarranted and, therefore, unacceptable under the Recruitment Rules 1976 as amended."
3. The petitioner wanted to establish that in view of his qualifications in Physics, he was entitled to be allocated to a group/discipline different from one in which he was functioning. The rejection of his request, according to him, was wholly unjustified and uncalled for.
4. We have examined the record and find that as the request of the petitioner, reproduced above, itself shows, he claims his entitlement to be adjusted to a particular group/discipline from the date of his obtaining the qualifications while in service, 1979. About his previous allocation and functioning and the Metallurgy Laboratories being treated as of Chemistry discipline, all that is not being challenged. Mere academic qualifications will not entitle the petitioner to any such relief as is being claimed by him. In denying him the relief, the department has violated no provision of law nor is it unjust or harsh decision. The Service Tribunal has taken a correct view and no case is made out for leave to appeal which is hereby refused.