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Petitioner: MUHAMMAD AKRAM ZAIDI VS Respondent: WATER AND POWER DEVELOPMENT AUTHORITY
1995 P L C (C
1995 P L C (C.S.) 648
[Supreme Court of Pakistan]
Present: Ajmal Mian and Wali Muhammad Khan, JJ
MUHAMMAD AKRAM ZAIDI
Versus
THE WATER AND POWER DEVELOPMENT AUTHORITY through its Chairman, Lahore and another
Civil Petition No. 542/1, of 1993, decided on 9th May, 1994.
MCI (On appeal from the judgment dated 27‑1‑1993 of the Federal Service Tribunal, Islamabad in Appeal No. 234(1,)/91).
West Pakistan Water and Power Development Authority Act (XXXI of 1958)
‑‑‑‑S.17 (1‑A)‑‑‑Constitution of Pakistan (1973), Art. 212()‑‑‑it I Move‑over‑‑ Entitlement‑‑‑Leave to appeal was granted to consider that petitioner's initial appointment being in B‑16 in another department whether one half of his service would be counted as service in B‑17 for computing the service under the respondent (Authority); whether Authority had conceded that previous service of petitioner (in the other department) without any break would be counted as qualifying service for pension and that he would be entitled to the benefit of earned leave as well from the date of his initial appointment (in the other department); and whether his initial service in the other department could not be considered for move‑over when Authority itself had conceded its counting towards pension and other benefits.
Muhammad Zaman Oureshi, Advocate Supreme Court for Petitioner.
Nemo for Respondents.
Date of hearing: 9th May, 1994.
ORDER
WALI MUHAMMAD KHAN, J: ‑‑Muhammad Akram Zaidi, petitioner herein, calls in question the judgment dated 27‑1‑1993 passed by the Federal Service Tribunal, whereby appeal No. 234 (L)/91, filed by him against the decision of the Chairman, WAPDA, declining him move‑over from B‑18 to B‑19, was dismissed.
We have heard Mr. Muhammad Zaman Qureshi, Advocate, for the Petitioner, and have perused the record of the case.
The brief facts of the case are that the Petitioner joined service as Social Welfare Officer in the Government of West Pakistan on 24‑6‑1967. He applied for the post of Labour Officer in WAPDA and, on selection, joined the respondent department on deputation in the year 1981 and was later on absorbed permanently Wapda vide order dated 31‑4‑1983 m B‑17. He was promoted to B‑18 on 1‑11‑1988 and reached the maximum on 1‑12‑1989 and represented to the Authority for move‑over in B‑19 with effect from 1990. The reply received by him showed that his case can only be considered for move -over when he completes the required length of service. Therefore, he preferred appeal before the Federal Service Tribunal which too, was declined.
The learned counsel for the Petitioner citing the relevant rules, submitted that where first appointment of a person was made in BPS‑16 or below, one‑half of the service shall be counted as service in B‑17 for computing the length of service. He referred to para. 5 of the reply filed by the Wapda wherein it was conceded that previous service of the Petitioner under the Punjab Government without any break will be counted as qualifying service for pension under Wapda and that he shall be entitled to the benefit of earned leave as well from the date of his initial appointment under Government. He stressed that there is no reason why his initial service in Government cannot be considered for move‑over when the Authority itself concedes its counting towards pension and other benefits.
Leave is granted to consider the submissions made by the learned counsel for the Petitioner.
A.A./M‑2101/S Leave granted.