1988 PLP (C (PLC(CS))

MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).‑‑Appellant Rahimullah feeling dim‑satisfied with the impugned order dated 28‑6‑1986 passed by the Departmental Selection Committee has moved this Tribunal through the present appeal alleging therein that he initially joined the Ministerial Staff Service in the Education Department on 20‑12‑1962 but later on he was selected as Assistant in the office of Director of Education FATA in consequence of an interview test, on temporary basis with effect from 1‑6‑1978. His services were regularized on 1‑10‑1978 per Director of Education FATA Endorsement No. 22148‑49 dated 15‑10‑1978. The same were approved by respondent No. 2 vide Endorsement No. 4053‑60/A‑23/ approval dated 16‑6‑1980. He was placed in the seniority list at serial No. 14 and a representation dated 9‑5‑1983 by Inayatullah and 20 others was rejected by the competent authority. However, the case was re- agitated before the departmental selection committee on 19‑1‑1984 illegally and without jurisdiction vide which the relief was given to the said persons and appeal by the appellant against that order was rejected; hence the present appeal. Claim of the appellant was vehemently resisted by the respondents. Arguments heard and the record perused with the assistance of the learned counsel for the parties. In the light of it the appeal is disposed of as under: It is a common point of agreement between the parties that a consolidated joint seniority list was prepared in case of the officials working in Directorate of Education, FATA and Directorate of Education, NWFP, however Director of Education, FATA is also empowered to recruit Ministerial Staff according to the requirement. It was also conceded by the respondents that in the instant case Departmental Selection Committee decided the appeal of the Ministerial Staff by altering the earlier decision. Now we are to see as to what are the powers and functions of the Departmental Promotion Committee. According to section 2 sub‑clause (J) of the N.‑W.F.P. Civil Servants Act, 1973 selection authority is defined as under: Selection authority' means the North‑West Frontier Province, Public Service Commission, a departmental selection board, departmental selection committee or other authority or body on the recommendation of, or in consultation with which any appointment or promotion, as may be prescribed is made; It is, therefore, quite clear that the Departmental Selection Committee is an advisory/recommendatory body and it has got no jurisdiction to sit upon the orders of the departmental authority. In the instant case when once the appeal against the appellant was rejected by the authority; there was no scope at all for second representation or appeal before any of the departmental authorities, not to say of the Departmental Selection Committee. It has got no role in such like matters and any act or omission in this behalf by such committee would be totally illegal, without jurisdiction and void ab‑initio. This being the position, we accept the appeal with costs. File be consigned to Record Room. S.Q./85/Sr. N Appeal accepted