Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD NASEER KHAN VS Respondent: FEDERAL GOVERNMENT
1998 P L C (C
1998 P L C (C.S.) 866
[Supreme Court of Pakistan]
Present: Ajmal Mian and Fazal Ilahi Khan, JJ
MUHAMMAD NASEER KHAN
versus
FEDERAL GOVERNMENT and 2 others
Civil Petition No. 295 of 1995, decided on 7th November, 1995.
(On appeal from the judgment dated 12-3-1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 228(L) of 1994).
Civil Servants Act (LXXI of 1973)---
----S. 9---Constitution of Pakistan (1973), Art. 212(3)---Promotion-- Impugned finding of Service Tribunal was to the effect that civil servant was promoted in BS-11 with effect from 20-8-1983 on 14-11-1983 against which promotion he made no representation asking anti-dated promotion but for the first time on 23-4-1994 i.e. about 11 years, thereafter, he had asked for anti- dated selection grade; and that too when Department concerned did not pass any final order and earlier he had withdrawn his Constitutional petition on his satisfaction---No infirmity in judgment of Service Tribunal was pointed out---Leave to appeal was refused in circumstances.
Petitioner in person
Nemo for Respondents
Date of hearing: 7th November, 1995
ORDER
FAZAL ILAHI KHAN, J.---Leave to, appeal is sought for in this petition against the judgment of the learned Federal Service Tribunal, Islamabad, dated 12-3-1995 in Service Appeal No. 228(L) of 1994.
2. It is alleged by the petitioner that in the year 1978 there were 83 posts of Auditor Cadre of which 30 posts i.e. 35 per cent. of the total strength was that of Audit and Account Assistants. That the petitioner was working as Auditor B-7 in the Office of Auditor-General of Pakistan since 1-9-1977 and was due for promotion as Audit Account Assistant with effect from 2-8-1978 but was not allowed it as only 15 Auditors were allowed such promotion on account of there being quota fixed for deputationists. In the year 1988 Government allowed 33 per cent. Selection Grade (B-15) to Senior Auditors/Audit and Accounts Assistants and in view of the quota re-fixed 23 as the selection posts of which only 15 were allocated to the Senior Auditor/Audit and Account Assistants which were subsequently enhanced to 23 on sanctioned strength. 'Accordingly, anti-dated the promotion of all the Senior Auditor/Audit and Account Assistants who were due as such on 1-4-1986 vide letter dated 26-3-1994.
3. Petitioner on such ante-dated promotion given to others made an application seeking ante-dated promotion. It was further pointed out that on revision of BPS-16 to BPS-22 of the Federal Government Servants from 1-6-1991 onward 33 per cent. selection grade was allowed to the Accountants in BPS-16 in Audit and Accounts Department and BPS-16 on sanctioned strength in pursuance thereof. It is stated that only 8 posts were given out of 16 posts to the assignee Accountants (the original employee of Auditor-General Office) and feeling aggrieved of it the petitioner filed an appeal before Lie Federal Service Tribunal which was dismissed in view of the quota fixed for various Cadres stated above. The order dealing with the grant of selection grade stated above was challenged in Civil Petition for Leave to Appeal No. 492-L of 1993 which the petitioner withdrew on the ground that his grievance has been satisfied. The petitioner, however, re agitated grant of selection grade to the category of Auditor B-7 but no response was made by the Department. He, therefore, filed the present appeal before the Federal Service Tribunal on the ground of discrimination as selection grade was to be granted on the sanctioned strength in the Office of Auditor-General in the other Cadres but the same was not allowed to Auditors Grade-7 to Grade-11 on the basis of sanctioned strength.
4. The learned Tribunal on its finding that the appellant was promoted as Audit Assistant B-11 with effect from 20-8-1983 on 14-11-1983 against which promotion he made no representation asking for anti-dated promotion but it was for the first time on 23-4-1994 i.e. about 11 years, that he asked for anti-dated selection grade; and that too when the Department did not pass, any final order and earlier he withdrew his petition on his satisfaction.
On going through the judgment and record we find no infirmity in the judgment of the Federal Service Tribunal and dismiss the petition and refuse leave to appeal.
A.A./M-133/S Leave refused.