2015 PLP (C (PLC(CS))

MUHAMMAD IBRAHIM SUMALANI (MEMBER-I).

This appeal has been filed under section 4 of the Balochistan Service Tribunal Act, 1974 by the above name appellant against the impugned notification dated 15-2-2013 and 19-6-2013 with the prayer to declare the above said notifications null and void.

2. The history of the case is that the appellant was appointed as Junior Instructor (Electronic) B-16 in the year 1998 vide notification dated 7-2-1998. Thereafter, he was promoted as Lecturer B-17 vide notification dated 10-2-2011 w.e.f. 28-12-2010.

3. The seniority list of Junior Instructors B-16 of the Civil, Electrical, Electronic and Mechanical Technology issued vide notification dated 23-8-2001, wherein the appellant's name stands at S.No.2 of the Electronic Technology. The promotion case of the appellant stood at S.No.2 and Mr. Riaz Ahmed stood at S.No.1 of the seniority presented before the Provincial Selection Board for consideration, however, prior to placing of the case before the Provincial Selection Board, whereas Mr. Riaz Ahmed was cleared for promotion and the appellant case was deferred due to being on deputation. The appellant was directed vide memorandum dated 12-6-2006 to report back to his parent department, otherwise he would not be considered for promotion. However, later on he was promoted as Lecturer w.e.f. 28-12-2010, instead of 12-6-2006, therefore, the appellant being aggrieved by the said notification filed the instant appeal.

4. The counsel for the appellant contended that equal treatment has not been offered to the appellant, because in a similar case of Mst. Ambrin Jaffery, Lecturer Physics (BS-17) an employee of Government of Balochistan, Education Department, working on deputation in Education Department Sindh has been granted promotion as an Assistant Professor (BS-18) vide notification dated 11-9-2008 although she was on deputation. Therefore the counsel stressed that the appellant was also entitled to be granted promotion as Lecturer B-17 from the due date i.e. 2006, whereas the case of both the officers i.e. the appellant and Mr.Riaz Ahmed Junior Instructor Electronics were placed before the Provincial Selection Board inter alia Mr. Riaz Ahmed was cleared for promotion and the appellant case was deferred. The learned counsel for the appellant prayed that the respondent No.1 (Secretary Higher and Technical Education) may be directed to reconsider the promotion case of the appellant from due date i.e. 2006 and order dated 15-2-2013 and 15-6- 2013 may be declared as null and void.

5. Mr. Muhammad Saleem Baloch, Additional Advocate-General appeared and stated that the case of the appellant was placed before the Provincial Selection Board, wherein appellant's case was deferred due to the reason that he was on deputation although he was directed to come back and avail to promotion but he failed to do so. Therefore in the meeting of Provincial Selection Board it was decided to defer the promotion of the appellant and later on, in the next meeting of the Board his case was presented and he was allowed for promotion w.e.f. 19-6-2013. Further he contended that so far as promotion case of Mrs.Ambrin Jaffery is concerned, although she was on deputation but she was granted promotion in anticipation of her return from deputation in relaxation of the relevant clause of the promotion policy by the competent authority. He stated that since no body junior to appellant has been promoted during the period he was on deputation, therefore he is not entitled for pro forma promotion. He prayed that the appeal is not maintainable deserve to be dismissed.

6. The contentions put-forth by the counsels and perusal of available record shows that the appellant was on deputation and he was directed to return back and re-join his parent department otherwise he would not be considered for promotion. But we failed to understand as to why in the instant case a different treatment has been offered. It may be observed that as per the available record the appellant also belongs to the same class of employee whose case was deferred, whereas Mst.Ambrin Jaffery having similar case, as she was on deputation, but she was allowed promotion on 11-10-2008 (in absentia) in anticipation of her return from deputation, therefore, the appellant is also deserved to be given equal treatment.

7. So far as protection of seniority is concerned, it has been protected under Rule-4 (c) of the Balochistan Civil Servants (Seniority) Rules, 2008.

8. In view of the above discussion appeal is accepted and the matter is remanded back to the respondent No.1 (Secretary Higher and Technical Education Department) with the direction to reconsider the pro forma promotion of the appellant by giving equal treatment as done in the promotion case of Mst.Ambrin Jaffery. The case is disposed of accordingly with no order as to costs. HBT/6/BST Case remanded.