2001 PLP (C (PLC(CS))

Sl. No Name of the Officer Designation/ Date of initial BPS appointment

1. Allah Dad Khan Superintendent (Appellant) (Accounts) (B-16) 10-3-1987

2. Muhammad Aslam, (Respondent No.2) 18-9-1988

3. Nawab Ali Kalwa, (Respondent No.4) 2-4-1987

4. Muhammad Iqbal, (Respondent No.6) 18-11-1989 S. Hassan Amar (Respondent No.3) (B-16) 22-12-1988 A perusal of the aforesaid Seniority List indicates that the appellant ranks senior to the respondents but it appears that he was purposely ignored from promotion to B-17 without any reason whatsoever as is evident from the impugned order dated 26-2-1998, (available at Page-21, Annexure-F/1), which reads: "Subject : Appeals/Representations Against Seniority list of NHA Employees Issued on 10th September, 1997. Reference your appeal/representation dated 27-9-1997 on the above subject. Your promotion to BS-17, which was deferred by the DPC held in 1995, your case will be considered in the DPC to be held in future." This order is devoid of substance and law. It is a bald order and not speaking one as per the pronouncements of the superior Courts, the latest being contained in PLD 1998 Lahore-1 read with section 87-A of the General clauses Act wherein it has been laid down that every administrative and judicial order must be speaking one/well-reasoned but in the instant case the order dated 26-2-1998 is devoid of all legal requirements and as such cannot be authenticated/supported in any case. It is a void order and actually smacks of mala fide on the part of so-called DPC. Every departmental authority whatever it may be styled is legally bound to do justice at the door step of the incumbents/holders of certain posts. To ignore and deprive a civil servant from his right, pertaining to any statutory right, inclusive of promotion is height of injustice which, in no way, is justified under any norms/rules. Had the appellant not been ignored at the relevant time by the DPC he would definitely have been promoted from the same date and thereby would have been ipso facto, under operation of law, become senior to the respondents. It is not only simply an injustice but is a glaring and. daring one, based on high handedness of the so-called DPC.

6. Pursuant to the aforesaid discussion the appellant appearing senior in the lower grade (i.e. B-16) to rest of the respondents is declared/promoted from the date his juniors were promoted by order dated 27-8-1995 effective from 22-8-1995 with all back benefits and in this respect a formal notification about his promotion shall be issued immediately and a copy of which should be provided to this Tribunal for information. The appellant is also awarded special cost of Rs. Ten Thousand (Rs.10,000) which will be paid by respondent No. l (i.e. the Chairman, NHA) under section 35-A, CPC as amended by Civil Law Reforms Act, 1994. All the concerned be informed accordingly. H.B.T./563/Sr.trib Appeal accepted.