WATER AND POWER DEVELOPMENT AUTHORITY and anothers vs KHUSHI
This petition for leave to appeal is directed against the judgment of the Federal Service Tribunal, which allowed the respondent's appeal and directed the petitioners to consider the respondent for promotion to BPS-17 based on his Diploma in Technology of Drafting and Designing. The petitioners contended that the respondent is ineligible for promotion as an Assistant Engineer (Civil or Mechanical) because he does not possess a diploma in the specific technologies contemplated under Rule 5(2)(a)(ii)(iii) of the Pakistan WAPDA (Water Wing) Service of Engineers Rules, 1968, and that mere placement in BPS-16 does not qualify him for promotion without the relevant diploma for the available vacancy. The Supreme Court granted leave to consider whether the respondent is eligible for promotion under the prescribed service rules and whether placement in BPS-16 qualifies him for promotion absent the required diploma in the relevant technology.
- Is an employee eligible for promotion to Assistant Engineer without holding a diploma in the specific technologies contemplated under the relevant service rules?
- Does placement in BPS-16 automatically qualify an employee for promotion in the absence of a diploma in the relevant technology where a vacancy occurs?
- Rule 5(2)(a)(ii)(iii), Pakistan WAPDA (Water Wing) Service of Engineers Rules, 1968
ORDER
' SAJJAD ALI SHAH, J.---Leave is sought to file appeal against judgment dated 25-2-1993 of the Federal Service Tribunal, whereby appeal of respondent is allowed to the extent that his case should be considered by the petitioners for promotion in BPS-17 on the basis of Diploma in Technology of Drafting and Designing possessed by him.
2. It is further submitted on behalf of the petitioners that respondent was inducted in service as Field Attendant in 1975 and later appointed as Sub-Engineer in BPS-10. He passed departmental promotion examination in 1985 and was placed in BPS-16 but could not be accommodated as there was no post of Assistant Engineer available for promotion of Sub-Engineer having Diploma in Technology of Drafting and Designing. Representation of respondent was dismissed and Service Tribunal on his appeal gave decision favourable to him.
3. Leave is granted to consider contentions raised on behalf of the petitioners firstly that respondent is not eligible to be promoted as Assistant Engineer, Civil or Mechanical, as he does not hold diploma in anyone of the technologies as contemplated under Rule 5(2)(a)(ii)(iii) of Pakistan WAPDA (Water Wing) Service of Engineers Rules, 1968. Secondly, placement in BPS-16 did not qualify respondent for promotion in the absence of diploma in the relevant technology in which vacancy occurred.