MUHAMMAD MUJEEB AHSAN Versus SECRETARY, ESTABLISHMENT DIVISION
The petitioner, an Assistant Works Manager/Chemical in the Pakistan Ordnance Factories, sought leave to appeal against a judgment of the Federal Service Tribunal which dismissed his claim for ante-dated promotion to BPS-18 with effect from June 15, 1991, instead of December 3, 1992. The petitioner had previously succeeded in an appeal before the Tribunal, which directed the department to consider him for promotion in accordance with the rules. Although he was subsequently promoted, the promotion was made effective from a later date rather than the date his juniors and batchmates were promoted. The Supreme Court of Pakistan granted leave to appeal to determine the core legal question of whether a civil servant is entitled to ante-dated seniority from the date their juniors and batchmates were promoted after the Service Tribunal has declared them entitled to promotion.
- Is a civil servant entitled to ante-dated seniority from the date their juniors and batchmates were promoted after the Federal Service Tribunal has declared them entitled to promotion?
ORDER
MUHAMMAD BASHIR JEHANGIRI, J.--- Muhammad Mujeeb Ahsan, petitioner, seeks leave to appeal against the judgment of the Federal Service Tribunal dated 11-10-1994 whereby his claim to promotion in BPS-18 with effect from 15-6-1991 instead of 3-12-1992 was not maintained.
2. The petitioner joined Pakistan Ordnance Factories on 3-8-1982 as Assistant Works Manager/Chemical, P.O.F., Havelian, in BPS-17. Being aggrieved of the order dated 15-6-1991 ignoring him from promotion to BPS-18 the petitioner after exhausting the departmental remedy filed an appeal on 28-10-1991 before the Federal Service Tribunal seeking a direction to the Chairman, P.O.F. Board for considering him "for promotion to the post of Works Manager/Chemical according to his eligibility and seniority with effect from the date his juniors and batchmates were promoted".
3. The Service Tribunal after hearing the parties "accepted the appeal with the direction that the appellant may be considered for promotion by the Department following the Promotion Rules as faithfully as the spirit of rules requires of a good citizen". In consequence, the petitioner was promoted to the post of Works Manager/Chemical in BPS-18 with effect from 3-12-1992, instead of 15-6-1991. Feeling still dissatisfied, the petitioner filed an appeal, out of which this petition has arisen, for a direction to notify his promotion in BPS-18 with effect from 15-6-1991, the date on which his batchmates and juniors had been promoted. The learned Service Tribunal vide impugned judgment dismissed the appeal in limine.
4. The petitioner appeared in person and contended that the learned Service Tribunal has committed a material irregularity by holding that he had been duly considered by the D.P.C. and having been promoted to BPS-18 his grievance had been redressed in terms of its judgment dated 6-5-1992.
5. Leave to appeal is granted to examine whether a civil servant is entitled to the ante-date seniority from the date his juniors and batchmates had been promoted after the Federal Service Tribunal had declared him entitled to promotion?
M.B.A./M-90/S Leave granted.