2003 PLP (C (PLC(CS))

Date of hearing: 9th September, 2002. Appeal under section 4 of Punjab Service Tribunals Act against order dated 25-7-2000 passed by Secretary C&W. Brief facts of the case are that 'the appellant was working as Sub Engineer in Communications and Works Department. That in year 1975 he went on deputation to Auqaf Department. He joined there on 1-10-1975 and started working as Sub-Divisional Officer in BS-17 but he was drawing the pay of BS-11 alongwith 20% deputation allowance. Meanwhile from 15-6-1977 till 8-8-1977 he also worked as Administrator Auqaf Sargodha in BS-18. The appellant was promoted as Sub Divisional Officer in BS-17 on 25-8-1982. He passed his departmental examination on 24-11-1985. In year 1992 the appellant made application to the department for granting him Grade 17 from 1-10-1975 to 24-5-1982. The case was referred to Finance Department which, agreed to grant him the pay of Sub-Divisional Officer from 18-1-1979 to 24-8-1992 but the period from 1-1-1975 to 17-1-1979 was excluded as he was on deputation with the Auqaf Department. Hence this appeal.

2. Parawise comments called by the department which were only submitted by the Secretary Finance, respondent No.3 and later on comments were submitted, by respondent No.2, Secretary, Communications and Works Department: Respondents No. 1 and 2 are the same.

3. Arguments heard. Record perused. Counsel for the appellant has taken the plea that he was the senior most Sub-Engineer working in BS-11 as per notification bf the Finance Department, 25% posts were reserved for granting BS-16. He was entitled for promotion in BS-17 at the time he was sent on deputation with the Auqaf Department where he worked as Sub- Divisional Officer. He quoted instances that junior Sub-Engineers to him were granted BS-16 and were also promoted as Sub-Divisional Officer in BS-17. On the same analogy his case was recommended for BS-17 from 1-10-1975 which was accepted by Finance Department and he was allowed the pay of the post of Sub-Divisional Officer from 18-1-1979 alongwith other benefits but the period of his deputation with the Auqaf Department from 1-10-1975 to 17-1-1979 was rejected without given cogent reasons. He relied 1992 SCMR 1869, PLD 1994 SC 233, 1998 SCMR 2614 and 1992 PLC 130.

4. The case was argued by District Attorney and departmental representative on the grounds that he was not promoted as Sub-Divisional Officer. He went on deputation in BS-11 with the Auqaf Department where he was allowed to draw the pay of Grade-11 alongwith 20% deputation pay. While on deputation he did not agitate. He worked there on the terms and conditions, which were accepted by him. Further more, he could lot claim BS-16 on the analogy of 25% quota of Sub-Engineers for which the basic conditions allowed were:-- (i) Seniority-cum-fitness. (ii) Having 10 years' service and having passed departmental examination. The appellant fulfilled first two conditions but he never passed departmental examination which he passed in year 1985. Therefore, he was not entitled for promotion in BS-17 or grant of BS-16 as in noway the condition of passing of, departmental examination could be relaxed. Therefore, his case was not considered for promotion.

5. After hearing the arguments and perusal of record, it is admitted in the appeal that appellant cleared his departmental examination on 24-11-1985. Hence he was eligible for phonation after clearance of departmental examination, the basic condition of promotion. His case was recommended by the department and Finance. Department allowed him the post of Sub-Divisional Officer from 18-1-1979 onward Period of deputation was regretted in the light of the terms and condition of the deputation policy. Furthermore he did not agitate this issue while on deputation with the Auqaf Department.

6. With this discussion and facts, his case does not fall for promotion w.e.f. 1-10-1975 and appeal is dismissed accordingly. S.A.K./117/PST Appeal dismissed.