Full Judgment Text & Judicial Ruling

2003 P L C (C

2003 P L C (C.S.) 1055

[Supreme Court of Pakistan]

Present: Qazi Muhammad Farooq, Deedar Hussain Shah and Muhammad Nawaz Abbasi, JJ

FAZAL KARIM DIVISIONAL ENGINEER, PAKISTAN RAILWAYS, RAWALPINDI

Versus

GOVERNMENT OF PAKISTAN through Secretary/Chairman Railways, Islamabad and another

Civil Petition, No.278 of 2002 decided on 14th October, 2002.

(On appeal from the judgment of Federal Service Tribunal, dated 22-12-2001 passed in Appeal No.261-R/(CS) of 2000).

Service Tribunals Act (LXX of 1973)---

----S.4---Constitution of Pakistan (1973), Art.212(3)---Date of promotion, decision of---Certain posts of Divisional Engineers in Pakistan Railway were created by Government in the year 1994---Civil servant was given charge of the post on stop gap arrangement as the posts were not the posts of promotion quota---Posts were kept to be filled by promotion and the civil servant was promoted under the instructions issued by Establishment Division---Service Tribunal found the civil servant entitled for the promotion from the date of said instruction---Plea raised by the civil servant was that he was entitled to promotion before said date---Validity---Neither any post against the promotion quota was in existence before the said date, nor the civil servant was entitled for promotion prior to that date---Supreme Court declined to interfere with the judgment passed by Service Tribunal---Leave to appeal was refused.

Raja Muhammad Asghar Khan, Advocate Supreme Court and M.A Zaidi, Advocate-on-Record for Petitioner.

Nemo for Respondents

Date of hearing: 14th October, 2002.

JUDGMENT

MUHAMMAD NAWAZ ARBASI, J.---This petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been preferred, seeking leave to appeal, against the judgment dated 22-12-2002 passed by the Federal Service Tribunal, Islamabad, in a service appeal.

2. The petitioner, as Assistant Telecom Engineer, Pakistan Railways (BPS-17) was given current charge of Divisional Signal Engineer (BPS-18) vide order dated 11-10-1994 as stop gap arrangement at Rawalpindi. He was posted as Divisional Signal Engineer, Sukkur, in his own pay and scale and pending his clearance by the Departmental Promotion Committee and approval of competent authority, he had reached at the maximum of BPS-18 through move-over. The petitioner made a representation for regular promotion from the date when his three junior colleagues were promoted on 1-12-1987 and for grant of BPS-19 through move-over or in the alternate at least w.e.f. 6-11-1994 on which date certain new posts of Divisional Engineers (BPS-18) were created. Pending consideration of matter by the Departmental Promotion Committee, the petitioner filed an appeal bearing No.95(R) of 1996 before the Federal Service Tribunal which was subsequently dismissed as withdrawn as the matter relating to the grant of promotion to the petitioner was under consideration with the Establishment Division and ultimately, the petitioner was promoted in BPS-18 w.e.f. 26-11-1999 and being not satisfied, he approached the Secretary, Ministry of Railways and the Secretary Establishment Division through separate representations but of no avail.

3. The petitioner after exhausting remedy of departmental appeal, filed service appeal before the Federal Service Tribunal which was partly allowed vide impugned judgment and he was held entitled for regular promotion to BPS-18 w.e.f. 16-11-1998. The petitioner while claiming regular promotion from the dates mentioned above, has sought leave to appeal against the judgment of Service Tribunal.

4. The perusal of the record shows that certain posts of Divisional Engineers (BPS-18) were created by the Government in 1994 and the petitioner was given charge of one of said posts which were not the posts of promotion quota. However, under the instructions issued by the Establishment Division on 16-11-1998, the above said posts were kept to be filled by promotion and consequently, the petitioner was promoted from a subsequent date. The learned counsel for the petitioner when confronted with this position, he has not been able to satisfy us that either any post against the promotion quota was in existence before 16-11-1998 or that petitioner was entitled for promotion prior to the said date.

5. We having examined the matter, find that the grievance of the petitioner is unfounded and the maximum relief which could be granted to the petitioner has already been given to him by the Tribunal. This petition being without any substance, is accordingly dismissed. Leave is refused.

M.H./F-92/S Petition dismissed.

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