1998 PLP 967 (SCMR)

AJMAL MIAN, J.

By this common order we intend to dispose of the above two petitions which are directed against a common judgment dated 20-3-1995 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeals Nos.38 and 39-R of 1995, filed by the two petitioners in the aforesaid petitions; claiming seniority over respondents Nos.4 and 5, dismissing the same on the ground that the above respondents were promoted as per rules notified on 12-12-1989. The petitioners have, therefore, filed the present petitions for leave to appeal.

2. In support of the above petitions Ch. Altaf Hussain, learned Advocate Supreme Court for the petitioners, has vehemently contended that as per Rules of 1974 and 1981, respondents Nos.4 and 5 could not have been promoted to the post of Research Officer (B-17) as, at the relevant time, they were not acting as Assistants in the Statistics Department where the above vacancies in B-17 were to be filled "in. However, he has not been able to point out that above respondents were not qualified for consideration for promotion to the above posts of Research Officers in terms of the rules notified on 12-12-1989.

3. The admitted position seems to be that prior to respondent No.4's promotion as a Superintendent in B-15, respondent No.5 was working as an Assistant in the Statistics Department. He was senior to the petitioners and, therefore, was promoted to B-15 from B-14. Similarly, respondent No.4 was holding a post in B-16 as he was directly recruited to the above post. Since they were eligible for promotion under the above Rules of 1989 and they were senior to the petitioners in grade, the ,Tribunal has rightly declined to interfere with the above promotions.

4. Then, Ch. Aliaf Hussain has invited our attention to para. 6 of the impugned judgment, which reads as under:-- "

6. Before parting with this judgment, it may be observed that according to the Rules of 1989, only three categories of Admn. Officer/Superintendent/Statistical Assistant have been made eligible for promotion as Statistical/Research Officer (B-17) according to seniority position, and there appears to be anomaly as each post has its separate cadre, but the promotion to the post of Statistical Officer (B-17) are being made from these posts on the basis of .seniority, therefore, it is advisable for the department to formulate uniform and equitable proportionate percentage of each category, so that the eligible person in line of the promotion may not be deprived of his due share for further advancement. "

5. The above observations do not nullify the promotions of respondents Nos.4 and 5 which were made according to the rules. We may observe that we have no reason to think that the department will not examine the abovequoted observations of the Tribunal and will take corrective steps according to law. The petitions have no merit. Leave is refused. A.A./T-112/S Leave refused.