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Petitioner: MUHAMMAD SALEEM-II, STENOGRAPHER; ESTABLISHMENT DIVISION, VS Respondent: ISLAMABAD FEDERATION OF PAKISTAN
1998 P L C (C
1998 P L C (C.S.) 458
[Supreme Court of Pakistan]
Present: Ajmal Mian, Actg. C.J., Mamoon Kazi and Ch. Muhammad Arif, JJ
MUHAMMAD SALEEM-II, STENOGRAPHER, ESTABLISHMENT DIVISION, ISLAMABAD '
versus
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and others
Civil Petition No. 300 of 1996, decided on 12th December, 1997.
(On appeal from the judgment dated 4-4-1996 of the Federal Service Tribunal, Islamabad in Appeal No.526(R) of 1995).
Civil Servants Act (LXXI of 1973)---
----S. 9---Constitution of Pakistan (1973), Art. 212(3)---Selection grade was granted to civil servant with effect from 27-11-1994---Civil servant claimed selection grade with effect from 25-4-1994 instead of 27-11-1994-- Validity---Vacancy against which civil servant was given selection grade had occurred on 27-11-1994 and not on 25-4-1994---Seniority position of civil servant showed that he was not eligible for grant of selection grade on 25-4-1994 to fill up required posts---More vacancies having occurred on 27-11-1994, civil servant was granted selection grade from that date, no injustice was, thus, done to civil servant on that account---Cases of selection grade were processed according to law and were to be approved by Competent Authority after due process in accordance with procedure laid down by law and after approval of Competent Authority, necessary notification had to be issued ---Selection grade having been granted to civil servant in accordance with law, no infirmity was noticed in order of Service Tribunal in affirming decision of Departmental Authority---Leave to appeal to Supreme Court was refused in circumstances.
Petitioner in person. Nemo for Respondents.
Date of hearing: 12th December, 1997.
JUDGMENT
AJMAL MIAN, ACTG. C.J.---This is a petition for leave to appeal against the judgment dated 4-4-1996 by the learned Federal Service Tribunal (hereinafter referred to as the Tribunal) in Appeal No.526(R) of 1995 filed by the petitioner claiming selection grade in BPS-16 with effect from 25-4-1994 instead of with effect from 27-11-1994 on which dated he was granted above selection grade, dismissing the same. The petitioner has, therefore, filed the present petition for leave to appeal.
In support of the above petition, the petitioner has vehemently contended that he was entitled to claim selection grade with effect from 25-4-1994 i.e., on the date when the vacancy had accrued and not from 27-11-1994 when he was granted the same. His further submission was that the Tribunal erred in not antedating the above date of 'promotion as wasp, prayed for by him.
The above contention of the petitioner seems to be factually incorrect. The vacancy against which he was given above selection grade had accrued on 27-11-1994 and not on 25-4-1994. In this regard, it would be pertinent to reproduce the following portion of the impugned judgment:--
The representative of the Establishment Division has explained that according to the seniority list, the appellant's name figures at Serial No.16 and the appellant has no cavil about this proposition. On 5-4-1994, 9-5-1994 and 30-6-1994, there were total vacancies of 10, 12 and 13 respectively, and according to the seniority position of the appellant, he was not eligible for grant of selection grade. However, there were 13 vacancies on 27-11-1994 and the appellant was accordingly granted selection grade from 27-11-1994 and no injustice was done to him. Whatever the case may be, but the question before us is whether this Tribunal can order promotions of Stenographer B-15 to the post of Private Secretaries, thereby creating vacancies of Stenographers for appellant, and the grievance of the appellant is that if the promotions of Stenographers had been made as Private Secretaries in time, the appellant could be granted selection grade BS-16 with effect from 25-4-1994. We cannot make such directions for promoting those Stenographers as Private Secretaries, who are not even party before us, nor they came before the Tribunal for promotions at that time, therefore, we do not agree with the submissions of the appellant on this point, as cases for selection grade are processed according to law and are to be approved by the Competent Authority after due process in accordance with the procedure laid down under the rules, and after approval by the Competent Authority, necessary notification/office order is to be issued. We find that no injustice in the case of the appellant was done."
We do not find any infirmity in the above reasoning. The petition has no merit, therefore, leave is refused.
A.A./M-80/S Leave refused.