2002 PLP (C (PLC(CS))

Briefly stated the facts leading to the appeal are that the appellant joined the services in the Irrigation and Power department a Sub‑Engineer (Mechanical) on 11‑12‑1976. He passed the Departmental Professional Examination on 25‑10‑1985 and was granted B.S‑

16. The appellant was on the strength of chief Engineer Irrigation, Multan Zone and according to the seniority list of Multan Zone notified on 5‑6‑1986. He was at Sr. No.2. 25% of the post of Assistant Engineer/SDO (B.S‑17) are filled in by promotion on seniority‑cum‑fitness basis from Sub‑Engineers possessing diploma or certificate of Overseas provided they are in B.S. 16, for minimum service of 10 years and has passed the Departmental Professional Examination. The appellant passed the Departmental Professional examination on 25‑10‑1985 and was cleared for promotion to the rank of Assistant Engineer/Sub‑Divisional Officer (BS‑17) but by the order dated 10‑12‑1988 he was promoted as Assistant Engineer/Sub‑Divisional Officer (Mechanical) BS‑17 of officiating basis. It was prayed that the appellant may, be promoted as Assistant Engineer/SDO‑BS‑17 from the date on which his senior Mr. Muhammad Ajma1 was promoted. I have heard the learned Counsel for the appellant; Mr. Nawaz. Khalid, Section Officer, Irrigation and Power Department; Departmental Representative and Muhammad Ashiq Bhatti, District Attorney and have perused the record and written objections submitted by the respondents and written arguments submitted by the appellant. Learned counsel for the appellant argued that the appellant passed the Departmental Professional Examination w.e.f. 25‑10‑1985 and was eligible for promotion. 3 posts of Assistant Engineers of promotion quota were available on 10‑‑12‑1988 but the appellant was promoted on officiating basis. The said promotion may be treated on regular basis and the appellant tray be assigned seniority in B.S.17 w.e.f 10‑12‑19118. The respondent in the written objection has taken the plea that on 10‑12‑1988, the appellant was promoted on officiating basis and the promotion of officiating basis under Rule 13(iii)‑Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, shall not confer any right of promotion on regular basis but shall be liable to be terminated as soon as a person became available for promotion on regular basis. The departmental representative pointed out that final seniority list of Sub‑Engineers (Mechanical) B.S. 16 and 17 of Irrigation and Power Department was prepared on Provincial basis and was notified on 26‑1‑1999. The name of the appellant appears at Serial No.90 of the seniority. He is far junior to his colleagues who have not been promoted to B.S. 17..He was thus, reverted to his substantive rank of Sub‑Engineer (Mechanical) on 6‑10‑1999. The departmental representative produced the photo copy of the orders of this Tribunal dated 2‑12‑1998 passed in Appeals Nos.1517 of 1994 to 1013 of 1995 preferred by the appellant (as Sr. No.27) and others against the seniority/promotion and were dismissed. The leave to appeal against the order dated 2‑12‑1998 was declined by the Supreme Court of Pakistan vide order dated 10‑5‑1999. In the seniority zone of Multan Region, the name of appellant was at Serial No.2 but in the seniority list prepared on Provincial basis and notified on 26‑1‑1999, the appellant stand at Serial No.

90. He is far junior to many of his colleagues who have not been promoted to B.S.

17. On 10‑12‑1988 he was promoted to B.S.17 on officiating basis on the basis of the seniority of Multan. Zone. He has been reverted to substantive post of Sub‑Engineer (Mechanical) on 6‑10‑1999. Officiating promotion does not confer any right to promotion on regular basis. I find no grounds to interfere, the appeal is dismissed. There will be no order as to the cost. H.B.T./T:/48/P (Sr. Trib.) Appeal dismissed.