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Petitioner: MUHAMMAD SARWAR VS Respondent: SECRETARY, FINANCE DIVISIONHonorable Justice Syed Ally Madad Shah,Muhammad Amir Akbar Khan
1991 P L C (C
1991 P L C (C.S.) 785
[Federal Service Tribunal]
Present: Syed Ally Madad Shah, Chairman and Salahuddin Chaudhri, Member
MUHAMMAD SARWAR
Versus
SECRETARY, FINANCE DIVISION and others
Appeals Nos.157-L of 1987 and 542-R of 1989, decided on 29th May, 1990.
Civil Servants Act (LXXI of 1973)---
----S. 17--Finance Division Office Memorandum No. F. (I)-Imp/83, dated 18-8-1983 read with Memorandum No.F.l(28)-8.3/84, dated 2-12-1985-- `Moveover'-- Appellant, a Statistical Officer in office of Central Excise and _$ales Tax, preferred appeal for `moreover' to BPS-18 in category of `Statisticians' in terms of finance Division Office Memorandum dated 18-8-1983 and dated 2-12-1985---Appellant was MA. in Mathematics with Statistics and on his selection by Public Service Commission he was appointed as Statistical Officer (BPS-16) which post was upgraded to BPS-17 and appellant was adjusted against one of those posts---Appellant's claim for `moveover' to BPS-18 was rejected by Department on ground that he did not occupy category of professional or technical civil servants as recruitment rules did not provide for promotion to Statistical Officer and also that recruitment rules for post of Statistical Officer prescribed Master's degree in Economics or Statistics for eligibility to seek appointment---Appellant, in fact, did not come in category of Statisticians envisaged in Finance Division Memorandum dated 2-12-1985 qualification for which was Master's Degree in Statistics whereas appellant was MA. in Mathematics with Statistics---Held, appellant did not fall in category of Statisticians and his qualification i.e. MA. Mathematic with Statistics did not equate with M.A./M.Sc. Statistics---Appellant was, therefore, rightly excluded from category of Technicians/processional for purpose of benefit of `moveover admissible under scheme of BPS introduced under Finance Division O&M Office Memorandum dated 18-8-1983 read with O&M Memo dated 2-12-1985.
Appellant in person.
Muhammad Amir Akbar Khan for Respondents.
Date of hearing: 22nd February, 1990.
JUDGMENT
SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mr. Muhammad Sarwar is a Statistical Officer in the office of the Collector, Central Excise and Sales Tax, Lahore. He has preferred this appeals for `moveover' to BPS-18 with effect from 1-12-1984 in the category of `Statisticians' in terms of the Finance Division (Regulation Wing) Office Memorandum No.F.(1)-Imp/83, dated 18-8-1983, read with Office Memorandum No.F.(28)-8.3/84, dated 2-12-1985.
2. The case of the appellant outlined in the memo of appeal is that he is MA in Mathematics with Statistics in 2nd class. He was appointed as Statistical Officer in the Central Excise and Land Customs Collect orate, Lahore, on his selection by the Central Public Service Commission against one of the four posts of Statistical Officers advertised by the Commission vide advertisement No.F.4/204/65-R, published in the `Pakistan Times' of 26th October, 1965. He actually joined the post of Statistical Officer (then Gazetted Class-II) on 11-6-1966, now corresponding to BPS-16. The posts of Statistical Officers were upgraded to grade 17 with effect from 15-8-1972 and the appellant was adjusted against one of the so upgraded posts. In the year 1983, the scheme of Basic Pay Scales was introduced to replace the scheme of National Pay Scales under Office Memorandum NO.F.(1)/Imp/83, dated 18-8-1983 which provided in sub-paras (c) and (d) of paragraph 6 thereof, as under:-
(c) The moveover in the case of technical and professional categories e.g. Doctors, Engineers, Educationists, Economists, Management Accountants, Scientists, Archaeologists, Geologists, Meteorologists, Experts of Agriculture, Animal Husbandry and Forestry shall be permissible upto B-20 without the condition of stay at the maximum for three years.
(d) Moveover shall be allowed in cases where an employee, who is otherwise considered fit for promotion to higher post, cannot be promoted for want of a vacancy.
In December, 1985, the Finance Division (Regulation Wing) under Office Memorandum No.F.l(28)R.3/84, dated 2-12-1985 included in the category of technical and professional civil employees as many as seven categories of civil employees eligible for moveover upto BPS-20 under para 6(c) of the aforesaid Office Memorandum dated 18-8-1983, provided the concerned individuals possessed the prescribed qualifications shown against each category and also as laid down in the recruitment rules for the post. `Statisticians who were MA/M.Sc. Statistics were included in the additional categories. The orders were to take effect from 1-7-1983. In January, 1986, the Finance Division (Regulation Wing) by Office Memorandum NO.F.1(82)R.3/85, dated 1-1-1986 extended the concession of moveover to the next higher pay scales without waiting at the maximum period of a pay scale for three years to all civil employees of the Federal Government in BPS-16 to BPS-19 from 1st December of the year' following the year m which they reached the maximum of a pay scale, subject to the provisions as laid down in the Memorandum. It was provided in clause 12 of the Memorandum that the employees would not be allowed two successive moveovers, unless an employee had moved over to a particular scale and was subsequently promoted to that scale to be eligible for another moveover. The benefits under the said O.M. dated 1-1-1986 were made admissible with effect from 1-12-1985. To give effect to the aforesaid orders, the Central Board of Revenue circulated a proforma to all officers of BPS-16 and above to furnish requisite information for consideration of cases for `moveover'. The appellant also filled in the form considering himself to be in the category. of `Statistician'. The CBR vide their letter No.C.No.l/7/86-ACEI, dated 21-7-1986 conveyed approval of the competent authority to the grant of moveover to the appellant from BPS-17 to, BPS-18, with effect from 1-12-1984, with the added remarks that no premature increment would be allowed and also no arrears would be admissible for the period prior to 1-12-1985. Being dissatisfied, the appellant made representation that since the post of Statistical Officer fell in the category of `Statisticians' he was entitled to have moved over with effect from 1. -12-1984 under the provisions of O.M. NO.F.1 (28) R.3(a)/84(i), dated 27-12-1984. His representation was turned down by the following reply under letter dated 1-1-1987 (Annex. J at page 34 of the memo of appeal), reproduced below:--
GOVERNMENT OF PAKISTAN CENTRAL BOARD OF REVENUE
C.No.l/7/86-ACE.1, Islamabad, the 1st January, 1987.
From:
Mian Muhammad Younis, Second Secretary.
To:-
Mr. Muhammad Sarwar, Statistical Officer, Collectorate of Central Excise & Sales Tax, Lahore
Subject: MOVE-OVER OF OFFICERS OF CUSTOMS & EXCISE COLLECTORATE
DIRECTORATES UNDER THE CBR.
I am directed to refer to your petition dated the 22nd October, 1986 on the subject noted above and to say that Para-7(iii) of proforma is not applicable in your case as no post under the recruitment rules stands reserved for promotion of a Statistical Officer. It is further stated that the recruitment rules for the post of Statistical Officer prescribe Master's degree in Economics or Statistics, which proves that an Economist can also hold this post. Therefore, the post of Statistical Officer is not `Statistician's post. The representation has no merit.
(Sd.) Mian Muhammad Younis Second Secretary".
The appellant preferred departmental appeal on 28-1-1987 to the Secretary, Ministry of Finance. Failing to get reply within the statutory period of 90 days, he filed this appeal on 28-1-1987.
3. The statement of facts given in the memo of appeal is sufficiently comprehensive for determination of the question agitated by the appellant. The subtle question for determination is whether the appellant by virtue of his employment as a Statistical Officer falls in the category of the technical and professional civil servants or in the category of non-technical or non-professional civil servants as there are different provisions for giving benefit of moveover to the two classes of civil servants viz. technical/professional and non-technical/non- professional. The posts constituting technical or professional categories are specified in the relevant orders. The technical/professional categories comprise Doctors, Engineers, Educationists, Economists, Management Accountants, Scientists, Archaeologists, Geologists, Meteorologists, Experts of Agriculture, Animal Husbandry and Forestry, as specified in the Office Memorandum dated 18-8-1983, referred to above, with the addition of Chartered Accountants, Electronic Data Processing Personnel/Computer Personal Librarians; Pharmacists; Physiotherapists; Statisticians; Architects and Town Planners, possessing qualifications as per Office Memo., dated 2-12-1985. The appellant claims that he falls within the category of `Statisticians' and he is, therefore, entitled to the benefit of moveover as is admissible to the categories of professionals and technical His representation was rejected on the grounds that he did not occupy the category of professional or technical civil servants as the recruitment rules did not provide for promotion of Statistical Officers and also that the recruitment rules for the post of Statistical Officers prescribed the Master's degree in Economics or Statistics for eligibility to seek appointment to. It is not necessary to probe into the question whether the Statistical Officer is a `Statistician' for all purposes as the question to be resolved is whether the appellant is a `Statistician' as envisaged in the O.M. dated 2-12-1985, which may be reproduced for avoiding any doubts in respect of its interpretation. It is Annexure E at page 19 to the memo of appeal.
GOVERNMENT OF PAKISTAN FINANCE DIVISION (REGULATION WING)
NO.F.1 (28)R-3/84Islamabad, the 2nd December, 1985.
OFFICE MEMORANDUM
Subject: SCHEME OF BASIC PAY SCALES AND FRINGE BENEFITS -- MOVEOVER UPTO BPS-20 IN THE CASE OF TECHNICAL AND PROFESSIONAL CATEGORIES.
The undersigned is directed to refer to this Division's Office Memorandum No.F.1(1)-Imp/83, dated 18-8-1983 introducing the Scheme of Basic Pay Scales and Fringe Benefits for Civil Employees of the Federal Government and to state that it has been decided to introduce the following additional categories in the technical & professional categories who are eligible for move-over upto BPS-20 under para 6(c) of the above O.M. provided the individuals concerned possess the prescribed qualifications shown against each category and also as laid down in the recruitment rules for the posts. Prescribed qualifications for Category: Recruitment to the posts.
(i) Chartered Accountants.
Chartered Accountancy.
(ii) Electric Data Processing Personnel /Computer Personnel
M.Sc. Degree in Computer Science or M.Sc./MBA with a diploma in Computer Science.
(iii) Librarians.
MA./M.Sc. in Library Science or MA /M.Sc. in any subject with a diploma in any Library Science.
(iv) Pharmacists.
B. Pharmacy or M.Sc.(Pharmacology).
(v) Physiotherapists.
M.Sc. Physiotherapy.
(vi) Statisticians.
MA./M.Sc. Statistics.
(vii) Architects and Town Planners.
Master's or Engineering degree in Architecture and Town Planning.
These orders will take effect from 1-7-1983.
(Sd. ) M. Hamid Hasan, Joint Secretary."
The Memorandum reproduced above includes in the categories of technicals and professionals only those individuals from the categories specified therein who possess the given qualifications which are also prescribed in rules for recruitment to the post. The appellant claims his place in the category of `Statistician which is at S.No.V in the classification of the posts in the O.M. reproduced above. The inclusion of `Statistician' in these categories extends to only those `Statisticians' who are MA./M.Sc. in Statistics and the recruitment rules also prescribe the same qualifications for the posts held by them. The appellant has stated that his academic qualifications are M.A. in Mathematics with Statistics in second class. Obviously, he is neither M.A. nor M.Sc. in Statistics. M.A. in Mathematics with Statistics does not equate with M.A./M.Sc. Statistics. The appellant, therefore, does not fall in the category of `Statistician' envisaged under the aforesaid O.M. dated 2-12-1985. He was, therefore, rightly excluded from the category of technicals/professionals for the purpose of the benefit of `move-over' admissible under the scheme of Basic Pay Scales introduced under O.M. dated 18-8-1983 read with O.M. dated 2-12-1985. He has already been given benefit of move-over considering him to be in the category of non-professionals/non-technicals. Thus, the appellant has no case to succeed, and the appeal is dismissed with no order-as to costs.
M.Y.H./580/Sr.F Appeal dismissed.