MUHAMMAD MUJEEB AHSAN vs SECRETARY, ESTABLISHMENT DIVISION and others
This petition for leave to appeal arises from a judgment of the Federal Service Tribunal, which dismissed the petitioner's claim for promotion to BPS-18 with effect from 15-6-1991, rather than the actual date of 3-12-1992. The petitioner, an employee of the Pakistan Ordnance Factories, had previously challenged his non-promotion in 1991. Although the Tribunal had earlier directed the department to consider him for promotion, the subsequent promotion was granted effective from 3-12-1992, the date his juniors were promoted. The petitioner contended that the Tribunal erred in finding his grievance redressed, as he was entitled to promotion from the date his batch-mates were promoted. The core legal question before the Supreme Court is whether a civil servant, having been declared entitled to promotion by the Federal Service Tribunal, is legally entitled to ante-dated seniority and promotion effective from the date his juniors and batch-mates were promoted. The Supreme Court granted leave to appeal to examine this issue of entitlement to retroactive promotion and seniority, thereby setting the scope for determining the extent of relief a service tribunal can grant regarding promotion dates.
- Is a civil servant entitled to ante-dated seniority from the date his juniors and batch-mates were promoted after a Service Tribunal declares him entitled to promotion?
- Does the promotion of a civil servant by a department pursuant to a Tribunal's direction satisfy the grievance if the effective date is later than that of his juniors?
ORDER
' MUHAMMAD BASHIR JEHANGIRI, J.---Muhammad Mujeeb Ahsan, petitioner, seeks leave to appeal against the judgment of the Federal Service Tribunal dated 11-10-1994 whereby his claim to promotion in BPS-18 with effect from 15-6-1991 instead of 3-12-1992 was not maintained.
2. The petitioner joined Pakistan Ordnance Factories on 3-8-1982 as Assistant Works Manager/Chemical, P.O.F., Havelian, in BPS-17. Being aggrieved of the order dated 15-6-1991 ignoring him from promotion to BPS-18 the petitioner after exhausting the departmental remedy filed an appeal on 28-10-1991 before the Federal Service Tribunal seeking a direction to the Chairman, P.O.F. Board for considering him "for promotion to the post of Works Manager/Chemical according to his eligibility and seniority with effect from the date his juniors and batch-mates were promoted".
3. The Service Tribunal after hearing the parties "accepted the appeal with the direction that the appellant may be considered for promotion by the Department following the Promotion Rules as faithfully as the spirit of rules requires of a good citizen." In consequence, the petitioner was promoted to the post of Works Manager/Chemical in BPS-18 with effect from 3-12-1992, instead of 15-6-1991. Feeling still dissatisfied, the petitioner filed an appeal, out of which this petition has arisen, for a direction to notify his promotion in BPS-18 with effect from 15-6-1991, the date on which his batch-mates and juniors had been promoted. The learned Service Tribunal vide impugned judgment dismissed the appeal in limine.
4. The petitioner appeared in person and contended that the learned Service Tribunal has committed a material irregularity by holding that he had been duly considered by the D.P.C. And having been promoted to BPS-18 his grievance had been redressed in terms of its judgment dated 6-5-1992.
5. Leave to appeal is granted to examine whether a civil servant is entitled to the ante-date seniority from the date his juniors and batch-mates had been promoted after the Federal Service Tribunal had declared him entitled to promotion?