1998 PLP (C (PLC(CS))

AJMAL MIAN, ACTG. C.J.

This is a petition for leave to appeal against the judgment-dated 9-4-1996 of the learned Federal Service Tribunal, Islamabad in Appeal No. 497(R) of 1995 filed by the petitioner for the following relief: "(a) That respondent No. 1 be directed to promote/consider the name of the appellant for the post of Private Secretary (BS-17) -with effect from the date on which respondent No.6 was illegally/unlawfully taken as Private Secretary i.e. with effect from 12-12-1993 and 25-4-1993. (b) That respondent No.l be directed to repatriate respondent No.6 to his parent Department i.e. Statistics Division." The above appeal has been dismissed by the Tribunal for the following reason: "Now coming to the merits of the case, the entire arguments of the appellant were on the appointment of Mr. Khalil Chaudhry as Private Secretary in the Establishment Division. He, however, could not produce any documents whereby it could be shown that Mr. Khalil Chaudhry had ever been appointed in the Establishment Division as Private Secretary. On the other hand, the Establishment Division have made a categorical statement in the comments that Mr. Khalil Chaudhry is working in the Establishment Division as Section Officer on deputation from the Statistics Division and that he was never appointed as Private Secretary. We were further informed that the post of Private Secretary to the Secretary, Establishment Division is still lying vacant and will be filled in accordance with the recruitment rules when considered necessary. The contention of the appellant that the post of Private Secretary had been occupied by Mr. Khalil Chaudhry in violation of the recruitment rules is. therefore, baseless. Besides, admittedly the appellant is the junior most Stenographer and cannot claim promotion to the post of Private Secretary as of right. The appeal has no merits and is liable to be dismissed." The petitioner being aggrieved by the above order has filed the present petition for leave to appeal. In support of the above petition, the petitioner has vehemently contended that the continuation of respondent No.5 Khalil Ahmed Chaudhry, on deputation as a Section Officer against the post of Private Secretary has adversely affected the petitioner's prospects of promotion as Private Secretary. However, he has candidly conceded that there were 6 vacancies of P.S. in the respondent-department which were filled. in on the basis of seniority i.e. the incumbent who were at Serial Nos.1 o 6 of the Seniority List. He has further conceded that his name appears on the Seniority list at Serial No.

12. In other words, before the petitioner can expect his promotion, there are 5 persons on waiting list who are senior to him. We are unable to understand as to how the petitioner can have grievance when no one junior to him has been promoted as Private Secretary and when there are still 5 persons above him in the Seniority List. The continuation of respondent No.5 as a Section Officer on deputation against the post of Private Secretary in our view, does not give any cause of action to the petitioner. The view found favour with the Tribunal seems to be correct. Leave to appeal is, therefore, refused and this petition stands dismissed. A.A./M-79/S Leave refused.