MUHAMMAD ASLAM KHAN vs CHAIRMAN, PAKISTAN TELECOMMUNICATION
This matter arises from a petition for leave to appeal against the judgment of the Federal Service Tribunal dated 6-7-1993, which dismissed the petitioner's appeal seeking promotion as Assistant Engineer (BPS-16) from June 1985 instead of May 1991. The core legal question is whether the petitioner was wrongly denied consideration for regular promotion against the designated quota despite possessing the requisite qualifications and eligibility from June 1985. The Supreme Court granted leave to appeal, holding that there was a prima facie misreading of the record by the Tribunal regarding whether the petitioner was considered and found unfit by the Departmental Promotion Committee in its 1988 meeting, or whether he was merely deemed ineligible. The key principle laid down is that an eligible civil servant possessing the requisite qualifications for promotion against a reserved quota is entitled to lawful consideration by the competent promotion forum, and misreading of departmental records by a service tribunal warrants interference by the apex court.
- Whether eligibility for promotion is synonymous with consideration for promotion by the Departmental Promotion Committee?
- Does a service tribunal's misreading of the departmental record regarding a petitioner's consideration for promotion warrant the grant of leave to appeal?
- Is a civil servant possessing the requisite qualifications entitled to consideration for promotion against a reserved quota from the date of acquiring eligibility?
ORDER
ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the Federal Service Tribunal, dated 6-7-1993.
2. The facts in brief are that the petitioner joined T&T Department, as a Telecom. Technician, in 1966.
He was promoted to the post of Engineering Supervisor (B-11) with effect from 1-8-1977. By Gazette Notification dated September 2, 1981, the Sub-Engineer, eligible for promotion to BPS-16 should possess Diploma in Engineering or B.Sc. Should have rendered 10 years service in T& T Department and should have also passed the qualifying examination. 25 per cent. Quota was reserved for persons holding B.Sc. Degrees; the remaining 75% posts of Assistant Engineers (BPS-16) had to be filled in on seniority-cum-fitness basis. It is submitted by the learned counsel that in accordance with SOR-1977(1)/81, dated 15-8-1981, the petitioner fulfilled all qualifications for regular promotion as Assistant Engineer/SDO (BPS-16) w.e.f. June, 1985, when he obtained B.Sc. Degree. The petitioner made repeated requests that he be given promotion as Assistant Engineer (BPS-16) w.e.f. June, 1985. He was promoted on 27-5-1991. Since the petitioner had not been promoted from June 1985, he filed an appeal before the Service Tribunal, which was dismissed by the impugned judgment.
The learned Tribunal observed that eligibility is not consideration for promotion, but there are other factors also which are subject to scrutiny by the D.P.C. To assess the suitability and fitness of a person for promotion to a particular post. His case was considered by the D.P.C. Held on 5-7-1988, but was not approved. He was correctly promoted on-his turn on seniority-cum-fitness basis on 27-5-1991".
3. The learned counsel for the petitioner submitted that eligibility of the petitioner has been determined by the Tribunal and it is also not disputed by the Department, but the learned Tribunal has erred in holding that his case was considered by the DT.C. Held on 5-7-1988. The case of the department is that he was not eligible to, be considered in the D.P.C. Held on 5-7-1988. He was promoted on his turn on seniority-cum-fitness basis on 27-5-1991. It is, therefore, clear that the petitioner was not considered for promotion in the D.P.C. Held on 5-7-1988. There is clear misreading made by the Tribunal. It is not the case of the department that he was not found fit for promotion before 1988. As the petitioner possessed the requisite qualifications for promotion with effect from June 1985, therefore, prima facie he was eligible for consideration for regular promotion against 25 per cent quota. Leave to appeal is granted.