MUHAMMAD IQBAL Versus SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI

ORDER

1. SAIDUZZAMAN SIDDIQUI, J: ‑‑ The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal, Islamabad dated 26‑4‑1994 whereby the learned Tribunal dismissed the service appeal of the petitioner and held the promotion of the petitioner with effect from 22‑5‑1989 in the cadre of Superintendent having been made validly by the departmental authority.

2. The learned counsel for the petitioner has referred to the earlier decision of the learned Tribunal dated 2‑9‑1993 where in the learned Tribunal had held that the petitioner was entitled to the seniority in the cadre of Assistant from 6‑1‑1982 and as the order promoting the petitioner as Superintendent (BPS‑16) with effect from 21‑4‑1985 was not challenged by any other civil servant, it attained finality and could not be reversed as a vested right was created in favour of the petitioner. The learned counsel accordingly contended that having held so in its previous order dated 2‑9‑1993 the Tribunal was not justified in holding that the promotion of the petitioner in the cadre of Superintendent (BPS‑16) with effect from 22‑5‑1989 was justified. According to the learned Counsel, the subsequent finding of the Tribunal that the petitioner was rightly shown as promoted to the cadre of Superintendent with effect from 22‑5‑1989 directly came in conflict with the earlier decision of the Tribunal dated 2‑9‑1993. The contention raised by the learned counsel for the petitioner requires examination and we, accordingly grant leave to appeal to consider the same.

3. AA./M‑2245/S Leave granted.