1991 PLP 168 (SCMR)

ABDUL QADEER CHAUDHRY, J.‑‑‑The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, dated 21‑6‑1989 whereby the appeal of the petitioner was dismissed.

2. The petitioner was appointed as a Lecturer in Grade‑17 on 1‑9‑1967. He was promoted as Assistant Professor on 1‑7‑1972. After the nationalization of the school, the petitioner served as Principal from 9‑3‑1975 to 11‑2‑1976, 2‑6‑1979 to 3‑10‑1979 and 18‑8‑1981 to 10‑7‑1984 in his own pay and scale as stop‑gap arrangement. A seniority list. was circulated on 13‑9‑1982 and the petitioner was shown at serial No.3 of the list. On 10‑7‑1984, the petitioner requested for relieving him of higher responsibility. The petitioner was relieved and transferred to the Degree College, Wah Cantonment. On 13‑11‑1985, his juniors were promoted and the petitioner was superseded. On 4‑12‑1985, the petitioner filed a representation which was rejected. On 2‑4‑1986, the petitioner filed an appeal before the Federal Service Tribunal. The learned Tribunal by means of order, dated 21‑6‑1989 dismissed the aforesaid appeal.

3. The other grievance of the petitioner is that he was due for move‑over to BPS‑19 with effect from 1‑12‑1984 but the same was also disallowed to him. While dismissing the appeal, the Service Tribunal observed as hereunder:‑‑ "In the case of the appellant, it was observed that his score in over‑all assessment was 51 marks and in quality and output of work 49 marks and it fell considerably short of the requisite standard. It was further observed that from 1976 onwards, the appellant had been graded as very good in two reports, good in three and average in six reports and his latest report for 1984 contained a remark that he was `not yet fit for promotion'. It was in this perspective that the Board did not clear him for promotion. We were not shown whether the Selection Board did not correctly apply the yardstick of the quantification policy for determining promotions to B‑19 and above. Accordingly the appellant does not have . a case to succeed in respect of his supersession."

4. Learned counsel for the petitioner has contended that the petitioner has an excellent record and if his previous record was not available, it was not the fault of the petitioner and no adverse entry was ever communicated to him. It is further submitted that an average report could not be considered as an adverse remark. The petitioner has a right to be considered for promotion particularly when he had efficiently discharged higher responsibility. The Service Tribunal observed that the Selection Board has correctly applied yardstick and quantification policy for determining the promotion as the petitioner had scored only 51 marks. The learned counsel has submitted that admittedly the petitioner earned 2 Very Good, 3 Good and 6 Average reports since 1976. As he was in BPS‑18 and no report was available on him in BPS‑17, his quantification will be calculated according to example 1 at page 169 ESTACODE. The petitioner's marks be worked out as below:‑‑ (8x2) + (7x3) +(5x6) = 67 ??????????? 11 6.09x10=60.9=61 The petitioner therefore, met the required threshold of 60 marks required for promotion. Similarly his score in quality and output cannot be 49 unless the petitioner had earned below average entries in the relevant columns or marks were deducted on account of adverse entries. Thus, according to the learned counsel, the petitioner had obtained 61 marks therefore, was entitled to be considered for promotion. The Selection Board and the Service Tribunal have not properly assessed the marks of the petitioner. The point of law for consideration is (i) whether a civil servant has a right to be considered for promotion in accordance with rules and (ii) whether a civil servant can be superseded despite incomplete record of service. Leave is granted. The appeal to be made. ready on the present record with liberty to the parties to file additional documents if they so desire. A.A./M‑1282/S?????????????????????????????????????????????????????????????????????????????????? Leave granted.