1997 PLP (C (PLC(CS))

ZIA MAHMOOD MIRZA, J. ‑‑‑This is a petition for leave to appeal against the judgment of the Federal Service Tribunal dated 19‑7‑1995 dismissing the petitioner's appeal filed against the action of respondent No. l in inviting applications through Press.

2. Facts stated by the learned counsel for the petitioner are that there are three sanctioned posts of Data Control Officer in the Computer Wing of Federal Public Service Commission. The first post was created sometime in the year 1980 which was filled by appointing Mr. Salabat Ali through Federal Public Service Commission. Salabat Ali was later transferred to Pakistan Computer Bureau in 1983 whereafter Arshad Mahmood was promoted as Data Control Officer.

3. Second post of Data Control Officer, it is stated was created in 1984 which too was filled by direct appointment through Federal Public Service Commission and Mr. Ghulam Murtaza was appointed as Data Control Officer. Similarly third post which was created in 1987 was also filled through direct recruitment made through Federal Public Service Commission appointing Mr Habib‑ur‑Rehman. It appears that Mr. Ghulam Murtaza was promoted in B‑18 in 1990 and the vacancy occurring as a result thereof was filled by promoting Mr. Arshad Kazmi on 11‑2‑1991. According to the learned counsel, Arshad Mahmood who was promoted as Data Control Officer was dismissed in the year 1994 and the vacancy so created was advertised in the press for filling it by direct recruitment through Federal Public Service Commission. This action of the authorities was challenged by the petitioner in an appeal filed before the Service Tribunal, which as stated above, has been dismissed vide the impugned judgment. The learned Tribunal has taken the view that in terms of Establishment Division O.M.No.21/1‑90‑R‑5, dated 31‑7‑1991, the vacancies are to be filled "by maintaining of roster" and observed that since the last post of Data Control Officer fallen vacant in 1990 was filled by promoting Mr. Arshad Kazmi, "a new post would obviously be filler by direct recruitment of the Data Control Officer".

4. We have heard the learned counsel for the petitioner at considerable length. He contends that according to the notification dated 12th June, 1990 laying down the method, qualifications and other conditions for appointment to the various posts in Computer Wings of the Federal Public Service Commission, 50 per cent of the posts of Data Control Officer are to be filled by promotion and 50 per cent by initial appointment. His further submission is that out of five appointments made since 1980, three have been made through direct recruitment and, therefore, the vacancy in dispute should have been filled through promotion. We find no force in this submission as admittedly there are only three sanctioned posts of Data Control Officer out of which two are being held by direct appointees and one by promotee. Had there been four posts, the argument of the learned counsel would have carried some weight but in the existing situation, it is not possible to abide by the formula provided in the aforementioned notification dated 12th June, 1990. Be that as it may, it is not denied by the learned counsel that according to the instructions issued by the Establishment Division vide their aforenoted O.M. dated 31‑7‑1991, the vacancies are to be filled by maintaining a roster. That being so, since the last vacancy was filled by promotion in the year 1990, the learned Tribunal has rightly held that the new post has to be filled through direct recruitment.

5. Upshot of the above discussion is that the impugned judgment of the Service Tribunal is not open to exception. This petition is accordingly dismissed. A.A./A‑1448/S Leave refused.