MUHAMMAD AKRAM ZAIDI vs WATER AND POWER DEVELOPMENT AUTHORITY
This matter arises from a petition for leave to appeal against a judgment of the Federal Service Tribunal, which dismissed the petitioner's appeal regarding the denial of a move-over from B-18 to B-19 within the Water and Power Development Authority (WAPDA). The petitioner, originally a government servant absorbed into WAPDA, contended that his previous continuous government service should be counted toward the length of service required for the move-over. He argued that since WAPDA already acknowledges this prior service for pension and earned leave purposes, it is inconsistent to exclude it for move-over eligibility. The core legal question is whether the length of service criteria for move-over to a higher pay scale must include prior government service when such service is already recognized by the employer for other benefits. The Supreme Court granted leave to appeal, finding merit in the petitioner's submission that the criteria for counting service should be consistent across different employment benefits, thereby setting the stage for a determination on the applicability of service counting rules.
- Should previous government service be counted toward the length of service requirement for move-over to a higher pay scale in WAPDA?
- Does the recognition of prior service for pension and leave benefits necessitate its inclusion for move-over eligibility?
ORDER
1. ' WALI MUHAMMAD KHAN, J.--- Muhammad Akram Zaidi, petitioner herein, calls in question the judgment dated 27-1-1993 passed by the Federal Service Tribunal, whereby Appeal No,234(L)/91, filed by him against the decision of the Chairman, WAPDA, declining him move-over from B-18 to B- 19, was dismissed.
2. ' We have heard Mr. Muhammad Zaman Qureshi, Advocate, for the petitioner, and have perused the record of the case.
3. ' The brief facts of the case are that the petitioner joined service as Social Welfare Officer in the Government of West Pakistan on 24-6-1967. He applied for the post of Labor Officer in WAPDA and, on selection, joined the respondent department on deputation in the year 1981 and was later on absorbed permanently in WAPDA vide order dated 31-4-1983 in B-17. He was promoted to B-18 on 1- 11-1988 and reached the maximum on 1-12-1989 and represented to the Authority for move-over in B-19 with effect from 1990. The reply received by him showed that his case can only be considered for move-over when he completes the required length of service. Therefore, he preferred appeal before the Federal Service Tribunal which too, was declined.
4. The learned counsel for the petitioner citing the relevant rules, submitted that where first appointment of a person was made in BPS-16 or below, one-half of the service shall be counted as service in B-17 for computing the length of service. He referred to Para. 5 of the reply filed by the WAPDA wherein it was conceded that the previous service of the petitioner under Punjab Government without any break will be counted as qualifying service for pension under WAPDA and that he shall be entitled to the benefit of earned leave as well from the date of his initial appointment under Government. He stressed that there is no reason why his initial service in Government cannot be considered for move-over when the Authority itself concedes its counting towards pension and other benefits.
5. ' Leave is granted to consider the submissions made by the learned I counsel for the petitioner.