GOVERNMENT OF N: W.F.P. Through Secretary, S&GAD, Peshawar And 2 Other
This matter concerns an appeal filed by the Government of N.W.F.P. against a decision of the Provincial Service Tribunal, which had directed the Government to grant an age-limit relaxation to the respondent, a Qanungo, for promotion to the post of Naib-Tehsildar. The core legal question was whether the Service Tribunal possessed the competence to mandate the Provincial Government to exercise its discretionary power to relax the upper age-limit for promotion. The respondent had been denied promotion opportunities due to a pending inquiry, from which he was subsequently exonerated, and was later deemed ineligible due to crossing the age-limit of 50 years. The Supreme Court observed that the Government had failed to restore the respondent to his rightful position following his exoneration, despite precedents of granting such relaxations. Finding the Tribunal's order to be eminently fair and equitable, the Court declined to interfere with the decision. The Court held that, given the peculiar facts of the case, it was unnecessary to determine the Tribunal's competence to exercise the Government's discretionary power, and consequently dismissed the appeal.
- Does a Service Tribunal have the authority to direct the Provincial Government to relax the upper age-limit for promotion?
- Is a government employee entitled to be restored to their original position regarding promotion eligibility after being exonerated from disciplinary charges?
- Can the Supreme Court decline to decide a question of law regarding the competence of a Tribunal when the facts of the case warrant an equitable outcome?
- West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962
SAAD SAOOD JAN, J.---The respondent was a Qanungo in the Revenue Department and was serving at Haripur. In 1977 he was promoted as officiating Naib-Tehsildar on ad hoc basis. The promotion did not confer any right on him to appointment as Naib-Tehsildar on regular basis.
However, that may be, in 1987 four regular vacancies in the cadre of Naib-Tehsildar became available. His case for regular appointment was considered alongwith the other officiating Naib- Tehsildars but as he was the junior-most officer he was not considered. In November 1988 he was placed under suspension on the charge of making unauthorized interpolations in the Khasra Girdawari. A regular inquiry was held and as a right thereof he was exonerated and reinstated in service. While he was under suspension some more vacancies in the regular cadre of Naib- Tehsildars occurred but he was not considered on account of suspension. After his reinstatement no effort was made by the department to put him in the same position, which he would have enjoyed had he not been suspended or made to face an inquiry. Subsequently, when some more vacancies occurred he was again ignored for the sole reason that he had crossed. The age-limit of 50 years and as such had become ineligible for promotion under the West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962.
2. There were numerous cases where the Government had relaxed the age-limit of officials for the purpose of making them eligible for promotion as Naib-Tehsildar. The respondent moved the Provincial Government that in his case too the age-limit should be relaxed. His request was turned down by the Government. He filed an appeal before the Provincial Service Tribunal. The learned Tribunal accepted the appeal and directed the Provincial Government to grant him relaxation in age-limit on the ground that his was a case of hardship. From the order of the learned Tribunal the Provincial Government has come in appeal to this Court.
3. Leave to appeal was granted to the appellant to consider the question whether the Tribunal was competent to direct the Provincial Government to relax the upper age-limit of the respondent.
4. It is not disputed that the respondent was not considered for promotion when he had not yet crossed the age-limit for the sole reason that an inquiry was pending against him. After he had been found innocent and exonerated of the charges against him it was only fair that the Government should have put him in the same position that he would have enjoyed if the inquiry had not been ordered against him. For some reasons, which have not been disclosed on the record the Government omitted to do so, even though there were numerous precedents in this regard. The judgment of the learned Tribunal has merely rectified the situation. As the order of the learned Tribunal is an eminently fair one we are reluctant to interfere with it. In view of the peculiar facts of this case this does not seem to be a proper occasion for us to examine if the Tribunal was competent to exercise a power, which under the relevant rules vested only in the Provincial Government. Accordingly, we withdraw the leave already granted to the appellant and dismiss the petition. There will be no order as to costs.