2004 PLP (C (PLC(CS))

(E) awards costs of the petition. Brief facts of the: case are that the petitioner is employed as Senior Research Officer (B-18) and posted, at Defence Science and Technology Organization, Ministry of Defence, Defence Production Division, Karachi Laboratories, Karachi. The petitioner initially joined Government service as Research Assistant Grade-I with effect from 7-1-1966 and thereafter promoted as Research officer with effect from 26-5-1977 and was further promoted as Research officer with effect from 1-1-1967 and thereafter promoted as Research officer with effect from 26-5-1977 and was further promoted as Senior Research officer (B-18) on 13-5-1993. The petitioner apparently aggrieved by some departmental decisions filed various appeals before the Service Tribunal and in some matters before the Hon ble Supreme Court of Pakistan for redressal of his grievances. Apparently adverse remarks against the petitioner were expunged in terms of order passed by Federal Service Tribunal and Hon ble Supreme court of Pakistan. It is alleged in the petition that while appeals relating to expunction of adverse remarks against the petitioner were expunged in terms of order passed by Federal service Tribunal and Hon ble Supreme court of Pakistan. It is alleged in the petition that while appeals relating to expunction of adverse remarks were pending before the Hon ble supreme court the respondents made promotion to the post of senior research officer (B-18) superseding the petitioner. The petitioner challenged the decision before the service tribunal and same was dismissed in limine against which order petitioner filed appeal fbefore hon ble supreme court of Pakistan being constitutional petition for Leave to appeal No.140-K of 1994. The said appeal alongwith other appeals filed by the respondents came up for hearing before the Hon ble supreme court of Pakistan passed judgment of civil petition No.140-K of 1994. Relevant portion of the same reads as under:

"As regards Civil Petition, No.140-K of 1994 the judgment impugned is dated 28-2-1994 of the Federal service Tribunal. The case of the appellant had been considered for promotion to BPS-18 by the D.P.C. but he was superseded due to his PERs. By letter dated 19-5-1993 he was informed that he had been superseded because of his PERs. In view of the ex pungement of adverse remarks in his ACRs for the years 1989 to 1991, the appeal is now filed for consideration of his case for promotion to BPS-18." The petitioner also filed appeal before the Federal Service Tribunal claiming his promotion as Senior Research Officer (B-18) with effect from 27-9-1984 which appeal was dismissed by the Federal Service Tribunal and against the said order the petitioner filed Civil Appeal No.246 of 1992. By judgment dated 29-5-1994 the Hon'ble Supreme Court remanded back appeal filed by the petitioner to Federal Service Tribunal to re-consider the matter in the light of the observation made in the said appeal. The Federal Service Tribunal again dismissed the appeal. The petitioner filed Civil Appeal No. 1913 of 1996 against the said order, which was granted by the Hon'ble Supreme Court of Pakistan and while disposing of the said appeal the Hon'ble Supreme Court observed that: "In view of the order passed in Civil Appeals No. 1930 of 1996 and 800 of 1998, this case is also referred to the departmental authority for reconsidering the case of the appellant for promotion to B-18 in the light of Muhammad Yousuf (supra), within six months from today." The petitioner in the petition claimed that in view of the judgment of Hon'ble Supreme Court petitioner become entitled to the promotion to the post of Senior Research Officer (B-18) with effect from 27-9-1984 with all consequential benefits. The petitioner aggrieved on the inaction of the respondents filed contempt applications from time to time before the Hon'ble Supreme Court and Hon'ble Supreme Court vide its order dated 7-5-2002 observed that: "The petitioner has placed on record a letter dated 5-4-2002, signed by Senior Admin. Officer of Defence Science & Technology Organization (HQ) Ministry of Defence Chaklala Cantt. Rawalpindi by virtue of which, the Competent Authority has approved the promotion of petitioner from Research Officer (B-17) to the post of Senior Research Officer (B-18) (Bio Discipline) w.e.f. 13-5-1993, with consequential benefits. Learned D.A.-G. states that consequential benefits would be given to the petitioner within a reasonable time. We order the respondent No.3 to pay consequential reliefs to the petitioner within 3 months from today." The petitioner now through this petition alleged that petitioner has not been granted consequential benefits of further promotion to the post of Principal Research Officer (B-18) to which petitioner became entitled and to be considered upon being promoted to the post of principal Research Officer (B-19). It is stated in the memo of petition that respondents' department re-appointed on contract basis respondent No.5 to the post of Principal Research Officer (B-19) for a period of one year. The petitioner seeks relief for a direction that respondents should forthwith constitute Selection Board for consideration of petitioner's case for promotion to higher post of Principal Research Officer (B-19) and further promotion as Director of Laboratories (B-20) in terms of judgment of Hon'ble Supreme Court. Heard Mr. Kunwar Mukhtiar Ahmed for the petitioner and Mr. Syed Zaki Ahmed, Deputy Attorney-General. Learned Advocate for the petitioner argued that in view of the order passed by the Hon'ble Supreme Court, the respondents are under obligation to appoint the petitioner as Principal Research Officer (B-19) and further as Director, Laboratories (B-19). On the other hand Mr. Syed Zaki Ahmed, Deputy Attorney-General on behalf of the respondents stated that the respondents have implemented orders of the Hon'ble Supreme Court and had not denied right granted to the petitioner in terms of the order passed by the Apex Court. He further stated that the petitioner is entitled for move over to the higher scale (B-19) with effect from 1-12-1994 and his case for move over had been submitted to Defence Production Division for presentation before the Move-Over Committee and is under active consideration. Before us an Office Memorandum No.2/17/DP-7/94 dated 28th February, 2003 signed by Joint Secretary (DP) Ministry of Defence, Defence Production Division has before placed by the learned Deputy Attorney-General. The relevant portion of the said Memorandum reads as under: "

7. The cases for promotion to B-19 posts are not presently entertained by Establishment Division. However, this case is to be considered for 'promotion from back date. Therefore, apparently this case is not hit by the restrictions.

8. The Chairman of the Committee (Secretary DP) has desired to obtain the advice of the Establishment Division before holding the meeting of the Committee.

9. It is requested to kindly advise as to whether the meeting of the Committee may be convened by the Secretary (DP) in compliance with the orders of apex Court." The Deputy Attorney-General after taking instructions from the officer present in Court made a categorical statement that the decision for the promotion of the petitioner in higher scale (B-19) will be taken within a reasonable time and respondents will implement the order passed by the Hon'ble Supreme Court. In view of the said statement of the Deputy Attorney Generals this petition is disposed of with a direction' to the respondents to implement the judgment dated 1-10-2001 passed by the Hon'ble Supreme' Court of Pakistan in Appeal No. 1913 of 1996 without any further delay and we expect that the department will take all possible steps, for redressing the grievances of the petitioner' in terms of the judgment' passed by the Hon'ble Supreme Court of Pakistan. The petition stands disposed of disposed of. M.H./A-480/K. Order accordingly.