KHALIL UR REHMAN vs WAPDA Through Chairman, WAPDA, Lahore And Other
This matter arises from a petition for leave to appeal filed against the order of the Federal Service Tribunal, Islamabad, which dismissed the petitioner's appeal concerning the denial of the grant of BPS-16. The petitioner, a qualified Draftsman from the Army initially appointed in WAPDA in 1963 and subsequently promoted to Chief Draftsman, sought inclusion in BPS-16 pursuant to an office order governing non-Matric senior subordinates and diploma engineers. The core legal question involves the interpretation and applicability of office orders regarding eligibility criteria and deemed qualifications for the grant of BPS-16 to non-Matriculate employees holding specific technical posts. The Supreme Court granted leave to appeal, holding that the import of the cited office order renders the petitioner's case worthy of consideration. The key principle laid down is that individuals appointed against specific technical posts under prescribed qualifications prior to a notification may be deemed to possess the requisite status for all service benefits.
- Whether an employee appointed against a post prior to a notification can be deemed to fulfill the qualifications for all purposes under the relevant office order?
- Does the denial of BPS-16 to a senior subordinate non-Matriculate employee warrant leave to appeal before the Supreme Court?
ORDER
1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Federal Service Tribunal, Islamabad, dated 8-3-1989, whereby his appeal was dismissed.
2. The petitioner being a qualified Draftsman from the Army, was initially appointed as a Draftsman in WAPDA on 21-3-1963, though he was non---Matriculate but his qualification was relaxed. On 17-11- 1964 he was promoted as Divisional Head Draftsman and on 9-12-1970 to the post of Circle Head Draftsman. Subsequently, on 7-1-1977 he was promoted to the post of Chief Draftsman vide office order dated 29-1-1977. The Chief Engineer (Admn.), Power WAPDA, Lahore vide order dated 5-3- 1985 notified that 25% of the non---Matric senior subordinates would be selected keeping in view their seniority-cum---merit, for the grant of BPS-16. The petitioner made a representation to the Chief Engineer (AC&R) Terbela Dam Project for placing him in BPS-16 alongwith his counterpart working in other formations of the WAPDA. He was informed that vide addendum dated 26-5-1987, he is not eligible for the grant of BPS-16. Appeal of the petitioner before the Member (Water), WAPDA, Lahore was not satisfactorily replied, so he preferred an appeal before the Federal Service Tribunal, Islamabad which was dismissed, vide impugned judgment. Hence, this petition for leave to appeal before this Court.
3. We have heard the petitioner who appeared in person in support of his case, while arguing his case he invited our attention to the definition given in sub--para. (a) "Diploma Engineers at page 3 of the Office Order No. 234--77/MDP/CEA/Admn.11/16/304, dated 17-6-1977, the relevant portion of which is given below:-- "(a)Diploma Engineers . ...............................
4. However, persons already appointed against "posts of Diploma Engineers" on the basis of any other qualifications prescribed by the Authority for initial recruitment to such posts before the date of this Notification shall also be deemed to be "Diploma Engineers" for all purposes."
5. After hearing the petitioner, in person we are of the view that the import of the above Office Order makes his case worth consideration. Leave to appeal is, therefore, granted.
6. Appeal shall be made ready on the present record with permission to parties to file additional documents if any.