2004 PLP S (PLC(CS))

Pervaiz Inyat Malik for Appellant. Khadim Hussain Sindhu for Respondent No.2. Malik Muhammad Azam Rasool for Respondent No.1 Date of hearing: 2nd June, 2003. Muhammad Attiquer Rehman Stenographer attached to the Court of Additional District and Sessions Judge Shakargarh District Narowal has called in question order dated 21-1-2000 passed by District and Sessions Judge, Narowal whereby appellant was not promoted as Stenographer in BS-15 on regular basis and his appeal to the learned Administrative Judge Lahore High Court was declined on 14-12-2000 refusing to interfere with the order of the authority. Last mentioned order has also been assailed.

2. Appellant moved an application to respondent No.1 for being given BS-15. w.e.f. 12-1-1988 on the basis of his seniority. The matter was considered by the Departmental Promotion Committee comprising of District and Sessions Judge Narowal on 3-2-1994. Appellant was considered and was declared unfit for promotion being inefficient for the post of BS-15. Consequently order promoting Muhammad Yaqoob Shakir and Muhammad Ayyub to BS-15 w.e.f. 1-6-1991 was passed by the District and Sessions Judge Narowal on 10-2-1994. A provincial seniority list of Stenographer/ Stenotypists was circulated on 9-4-1996 wherein appellant was shown at No.2 and objections were invited. Another Departmental Promotion Committee was convened on 14-1-2000 to fill in the vacancy of Stenographer in BS-15. Case of the appellant was again considered and shorthand/typing test alongwith interview was recommended. Appellant took the test whereafter he was interviewed by the Committee. Names of three aspirants were recommended for promotion on regular basis as Stenographer in BS‑15 whereas name of the appellant was dropped being unfit for the second time to be promoted to the post of Stenographer in BS‑15 on regular basis. Consequently, on 21‑1‑2000, the impugned order was passed, promoting Rashid Ahmad, Abdul Shakoor, Tariq Mehmood and Riaz Ahmad, on regular basis as Stenographer in BS‑15, however, appellant's name was dropped. His appeal to the Hon'ble Judge of the Lahore High Court also failed vide order, dated 14‑12‑2002. It was observed in the said order that regular Grade‑15 has been. awarded to the appellant w.e.f. 26‑4‑2000.

3. Learned counsel appearing for respondent No.1 has taken formidable objection that the jurisdiction of the Court is barred under the provision of section 4(1)(b) to entertain and hear the appeal as the matter purely relates to determination of the fitness of the appellant to be promoted to higher grade. Learned counsel for the appellant could not meet this objection. On two occasions, appellant was considered alongwith others for promotion on regular basis to the post of Stenographer in BS‑15 but on both these occasions, he was not considered fit. Learned counsel by way of further arguments stated that the Departmental Promotion Committee exceeded its power to order shorthand test and interview. I am not in agreement with this submission Departmental Promotion Committee has power to evolve a criteria based on equity and justice to determine the fitness to be promoted to a higher post, particularly when the qualification of all contesting candidates is equal. The test resolves the inherent strong point and merit. No exception can be taken to the procedure adopted. Even otherwise, the appellant finally has been promoted on regular basis is BS‑15, admitted by him w.e.f. 26‑4‑2000.

4. Appeal being without merit is dismissed. H.B.T./124/PST Appeal dismissed