SHAHNAWAZ KHAN KUNDI Versus N.-W.F.P.

ORDER

1. JAVID IQBAL, J.‑‑ Leave to appeal is being sought against judgment dated 24th December 1985 of the North‑West Frontier Province Service Tribunal, Peshawar.

2. The facts are that the petitioner was appointed as direct Tehsildar alongwith others on 5th August 1965. After the dismemberment of One Unit a seniority list of Tehsildars was published by the Board of Revenue N.‑W.F.P. in 1971, but due to the objections of some Tehsildars the matter went up to the N.‑W.F.P. Service Tribunal which passed an order dated 19th May 1976 whereupon a fresh seniority list of Tehsildars was published by the Board of Revenue N.‑W.F.P. on 30th July 1978. The petitioner was shown at Sr.No.21 in the said list. In the meantime some Tehsildars including the petitioner who were directly recruited as well as some other promotee Tehsildars, were promoted to the PCS cadre in Grade‑17 on ad‑hoc basis and a seniority list of the PCS Officers was published on 23rd August 1982 in which the name of the petitioner did not appear while the names of persons junior to him were mentioned. Aggrieved by this list the petitioner filed an appeal before the N.‑W. F. P. Service Tribunal questioning the seniority of a large number of officers in the said list, but the appeal of the petitioner was rejected mainly on the ground that the petitioner had not been promoted on regular basis and that he should first get his promotion to Grade‑17 regularised. Thereupon the petitioner approached the Provincial Government but no action was taken. He then filed a representation to the Chief Minister of N.‑W.F.P. which was filed on 7th November 1985. Thereupon the petitioner appealed against the said order before the N.‑W.F.P. Service Tribunal which was dismissed in limine on the ground that the Tribunal had no jurisdiction to order the Government to promote the petitioner much less from a particular date.

3. It is contended by the learned counsel for the petitioner that in an identical case where Rasul Khan had filed an appeal against the seniority list for wrongly fixing his seniority the Service Tribunal accepted his appeal on the' following grounds:‑‑

4. "It is not known as to why was he not promoted to those vacancies and Tehsildars junior to him were promoted to those vacancies. We, therefore, accept this appeal and set aside the Notification dated 21‑8‑1982. The Government is directed to regularize the promotion of Tehsildars to the PSC cadre according to their seniority in the Tehsildars cadre and if the service of anyone is not to be regularized in his turn then reasons for not regularizing his service in his turn should be given so that he may be able to know the reason for his supersession and seek remedy against it if he so wishes."

5. Leave is granted to consider as to whether the rule laid down in Rasul Khan's case should have also been followed in the case of the petitioner and as to why there was inconsistency in the order passed by the N.‑W.F.P. Service Tribunal.

6. M. I./S‑191/S Leave granted.