Full Judgment Text & Judicial Ruling

1995 P L C (C

1995 P L C (C.S.) 865

[Supreme Court of Pakistan]

Present: Ajmal Mian and Wali Muhammad Khan, JJ

MUHAMMAD YOUNAS MINHAS

versus

SECRETARY, IMMIGRATION AND PASSPORTS, GOVERNMENT OF PAKISTAN, ISLAMABAD

Civil Petition No. 708‑L of 1993, decided on 15th May, 1994.

Constitution of Pakistan (1973)‑‑‑

‑‑‑‑Art. 212(3)‑‑‑Seniority‑‑‑Promotion‑‑‑Civil servants' departmental appeal was dismissed‑‑‑Civil servant filing appeal before Service Tribunal years after period of limitation for filing appeal had expired‑‑‑Service Tribunal, however, in spite of limitation, considered Civil Servants appeal on merits‑‑‑Civil servants had himself given undertaking that on promotion he would not go outside his home town due to his family circumstances‑‑‑Civil servant was thus, not entitled to be considered for promotion unless and until he ‑vas willing to go outside his home town‑‑‑Other factors due to which civil servant had not been considered for promotion were that he did not qualify departmental examination whereas those promoted though junior to him had qualified said examination and were given promotion‑‑‑Civil servant's contention that Service Tribunal was not justified in dismissing his appeal, was not tenable‑‑‑Leave to appeal was refused in circumstances.

Mushtaq Ahmad v. WAPDA 1991 SCMR 1526 ref.

Ch. Mushtaq Masood, Advocate Supreme Court and Sh. Masood Akhtar, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 15th May, 1994.

JUDGMENT

AJMAL MIAN, J: ‑‑This is a petition of leave to appeal against the judgment dated 16‑2‑1993 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeal No. 232(L) for 1991 filed by the petitioner praying that the respondents be directed to consider the petitioner for promotion as Superintendent from the date his juniors were promoted, dismissing the same for the following reasons:‑

" ..The appellant has challenged the promotion .of M/s. Muhammad Aslam Khan, Abdul Alim Khan and S. Istiaq Ali and it is a matter of 1981. From the record, it is clear that his representation for the same, cause of action was rejected on 29‑5‑1982. He did not come to the Tribunal and rather started making representations from time to time upto 1989. However, in spite of this limitation, we have considered the other aspects of the case on merits. The appellant has not challenged the seniority. He is working as Stenotypist. He himself gave undertaking that on promotion he will not go outside Faisalabad due to his family circumstances: In these circumstances, in the light of the decision of the Supreme Court reported in 1991 SCMR 1526 (Mushtaq Ahmad v. WAPDA), he is not entitled to be considered for any promotion unless and until he is willing to go outside his home town. Not only this, the other factors due to which he has not been considered for promotion are that he did not qualify the departmental examination whereas the respondents qualified the said examination and were accordingly given promotions. The appellant being a Stenotypist can get promotion as Stenographer in his cadre and according to the rules, the post of Superintendent being a 100% promotion post from U.D.Cs. he has no case to agitate. On this, the learned counsel for the appellant has not pointed out any discrepancy in the rules by which his rights have been jeopardised."

The petitioner has, therefore, filed present petition for leave to appeal.

2. In support of the above petition Chaudhry Mushtaq Massood, learned counsel for the petitioner, has vehemently contended that the Tribunal was not justified in dismissing the petitioner's above appeal.

The above contention seems to be not tenable. Reasons found favour with the Tribunal did not suffer from any infirmity. Leave is refused.

AA./M‑2225/S Appeal refused.

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