MUHAMMAD NASEER KHAN vs FEDERAL GOVERNMENT and 2 others
This petition for leave to appeal challenges a judgment of the Federal Service Tribunal, which dismissed the petitioner's service appeal regarding the grant of ante-dated promotion and selection grade. The petitioner, an Auditor, claimed discrimination, alleging that while other cadres in the Office of the Auditor-General of Pakistan received selection grade benefits based on sanctioned strength, he was denied similar treatment for his specific grade. The core legal question was whether the petitioner was entitled to claim ante-dated promotion and selection grade benefits after a significant delay of eleven years, particularly when he had previously accepted his promotion without objection and withdrawn a prior related petition upon satisfaction of his grievances. The Supreme Court upheld the Tribunal's decision, finding no infirmity in the reasoning. The Court held that the petitioner's claim was time-barred and lacked merit given the long delay in seeking relief and the absence of prior representation. The judgment reinforces the principle that service-related grievances regarding promotion and seniority must be agitated within a reasonable timeframe and cannot be re-opened after long periods of acquiescence.
- Can a civil servant claim ante-dated promotion after an unexplained delay of over a decade?
- Does the withdrawal of a prior petition regarding service grievances preclude the re-agitation of similar claims?
- Is a service tribunal justified in dismissing a claim for selection grade where the petitioner failed to make timely representations?
ORDER
' FAZAL ILAHI KHAN, J.---Leave to 'appeal is sought for in this petition against the judgment of the learned Federal Service Tribunal, Islamabad, dated 12-3-1995 in Service Appeal No, 228(L) of 1994.
2. It is alleged by the petitioner that in the year 1978 there were 83 posts of Auditor Cadre of which 30 posts i,e, 35 per cent. Of the total strength was that of Audit and Account Assistants. That the petitioner was working as Auditor B-7 in the Office of Auditor-General of Pakistan since '1-9-1977 and was due for promotion as Audit Account Assistant with effect from 2-8-1978 but was not allowed it as only 15 Auditors were allowed such promotion on account of there being quota fixed for deputationists. In the year 1988 Government allowed 33 per cent. Selection Grade (B-15) to Senior Auditors/Audit and Accounts Assistants and in view of the quota re-fixed 23 as the selection posts of which only 15 were allocated to the Senior Auditor/Audit and Account Assistants which were subsequently enhanced to 23 on sanctioned strength. Accordingly, anti-dated the promotion of all the Senior Auditor/Audit and Account Assistants who were due as such on 1-4-1986 vide letter dated 26-3-1994.
3. Petitioner on such ante-dated promotion given to others made an application seeking ante- dated promotion. It was further pointed out that on revision of BPS-16 to BPS-22 of the Federal Government Servants from 1-6-1991 onward 33 per cent. Selection grade was allowed to the Accountants in BPS-16 in Audit and Accounts Department and BPS-16 on sanctioned strength in pursuance thereof. It is stated that only 8 posts were given out of 16 posts to the assignee Accountants (the original employee of Auditor-General Office) and feeling aggrieved of it the petitioner filed an appeal before the Federal Service Tribunal which was dismissed in view of the quota fixed for various Cadres stated above. The order dealing with the grant of selection grade stated above was challenged in Civil Petition for Leave to Appeal No, 492-L of 1993 which the petitioner withdrew on the ground that his grievance has been satisfied. The petitioner, however, re-agitated grant of selection grade to the category of Auditor B-7 but no response was made by the Department. He, therefore, filed the present appeal before the Federal Service Tribunal on the ground of discrimination as selection grade was to be granted on the sanctioned strength in the Office of Auditor-General in the other Cadres but the same was not allowed to Auditors Grade-7 to Grade-11 on the basis of sanctioned strength.
4. The learned Tribunal on its finding that the appellant was promoted as Audit Assistant B-11 with effect from 20-8-1983 on 14-11-1983 against which promotion he made no representation asking for anti-dated promotion but it was for the first time on 23-4-1994 i,e, about 11 years, that he asked for anti-dated selection grade; and that too when the Department did not pass any final order and earlier he withdrew his petition on his satisfaction.
' On going through the judgment and record we find no infirmity in the judgment of the Federal Service Tribunal and dismiss the petition and refuse leave to appeal.