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Petitioner: MUNAWAR ALI SHAMSI VS Respondent: REGISTRAR, UNIVERSITY OF ENGINEERING AND TECHNOLOGY
1991 P L C (C
1991 P L C (C.S.) 239
[Lahore High Court]
Before Irshad Hasan Khan, J
MUNAWAR ALI SHAMSI
Versus
REGISTRAR, UNIVERSITY OF ENGINEERING AND TECHNOLOGY
Writ Petition No. 130 of 1990, heard on 4th November, 1990.
University of Engineering and Technology Act (V of 1974)---
----S. 14(4)(vi)---Constitution of Pakistan (1973), Art. 199---Petitioner, a Selection Grade Assistant in BPS-15, was promoted by Vice-Chancellor in BPS 17, against the post of Coordinating Officer, upgraded by Syndicate, from BPS-16 to BPS-17---Vice-Chancellor subsequently in exigency of service, made various postings and transfers including petitioner who was transferred from post of Coordinating Officer to Academic Branch in same grade and status as Assistant Registrar---Grievance of petitioner was that he was holding an ex-cadre post of Coordinating Officer and therefore was not liable to be transferred elsewhere-- Record showing that petitioner was holding post of Coordinating Officer purely as a temporary capacity and his appointment and qualifications prescribed for said post were yet to be approved by Syndicate/Senate and Vice-Chancellor-- Matter was already on Agenda of Syndicate to be considered in its next meeting- -Mere fact that petitioner had been promoted in Grade-17 against post of Coordinating Officer would not ipso facto lead to conclusion that post of Coordinating Officer was ex cadre particularly when University was taking stand that said post had never been declared ex cadre by competent Authority and no material had been provided by petitioner to rebut it---Held, petitioner had no vested right to demand to continue to hold post of Coordinating Officer to which he had been promoted temporarily---Vice-Chancellor, even otherwise, in terms of S. 14(4)(vi) of Engineering University Act, 1974, was competent to direct petitioner to take up any assignment in connection with administration and such other activities in the University as he may deem necessary in the interest of University---Order of transfer of petitioner from post of Coordinating Officer to Assistant Registrar, which had been given effect to and accepted by petitioner was upheld.
Rana Abdul Majid for Petitioner.
Syed Sajjad Hussain for Respondent.
Date of hearing: 4th November, 1990.
JUDGMENT
This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the posting of the petitioner as Assistant Registrar in the Academic Branch, University of Engineering and Technology, Lahore from the post of Coordinating Officer.
2. The background of this case is that the petitioner was serving in the University of Engineering and Technology, Lahore as selection grade Assistant in Basic Pay Scale No. 15. The Vice-Chancellor by Office Order No.98 dated 5-1-1987 promoted the petitioner as Coordinating Officer in Basic Pay Scale No.17, against the post of Coordinating Officer upgraded by the Sydicate from Basic Pay Scale No.16 to that of Basic Pay Scale No.17. Subsequently, in the exigency of service, the Vice-Chancellor vide consolidated Office Order No..58, dated 28-11-1989, made various postings and transfers including that of the petitioner, consequently, the petitioner has been transferred from the post of Co ordinating Officer to the Academic Branch in the same grade and status as Assistant Registrar which post he joined on 13-1-1990.
3. The sole grievance of the petitioner is that he is holding the ex-cadre post of Co-ordinating Officer and, therefore, was not liable to be transferred elsewhere. The case of the University is that the appointment of the petitioner is temporary and subject to approval by the Syndicate which has yet to consider his case on merits. This is not disputed by the learned counsel for the petitioner.
4. Syed Sajjad Hussain, learned counsel for the University also argued that in terms of section 14(4)(vi) of the University Act, 1974, the Vice-Chancellor is competent to transfer any of the University's employees as 4e may deem fit in the exigency of service and in the interest of University. In the instant case, the petitioner has merely been transferred and his terms of service including seniority has not been adversely affected in any manner whatsoever.
5. I have heard learned counsel for parties at length and perused the material available on record. The petitioner is holding the post of Coordinating Officer purely in a temporary capacity. His appointment and qualification prescribed for the said post are yet to be approved by the Syndicate/Senate/Vice -Chancellor. The matter is already on the agenda of the Syndicate to be considered in its next meeting. Furthermore, the mere fact that the petitioner has been promoted in Grade-17 against the post of Coordinating Officer would not ipso facto lead to the conclusion that the post of Coordinating Officer is `ex- cadre', particularly, in view of the stand taken by the respondent University that the post in question has never been declared as `ex-cadre' by the competent authority. No material has been produced by the petitioner to rebut it. In any event, the petitioner has no vested right at this stage to demand to continue to hold the post of Coordinating Officer to which he has been promoted temporarily. There is great force in the submission of the learned counsel for the respondent that in terms of section 14(4)(vi) of the University Act, 1974, the Vice-Chancellor is competent to direct the petitioner to take up any assignment in connection with the Administration and such other activities in the University, as he may consider necessary for the purpose of University. Viewed from this angle the posting of the petitioner as Assistant Registrar which has been given effect to and accepted by the. petitioner suffers from no legal invalidity.
6. In view of the above, I find no force in the writ petition which is hereby dismissed but there shall be no order as to costs.
M.Y.H./M-2489/L Petition dismissed.