1990 PLP 529 (SCMR)

Nemo for Respondents. Date of hearing: 3rd June, 1989. S. USMAN ALI SHAH, J.‑‑The petitioner seeks leave to appeal against the judgment dated 29‑4‑1984, passed by the Punjab Service Tribunal in case No.137/359 of 1983, whereby appeal of the petitioner under section 4 of Service Tribunals Act, 1974 against the order dated 3‑3‑1983, passed by respondent No.1 for fixation of his seniority, was rejected. The petitioner was initially appointed as Assistant on 25‑9‑1963 and promoted as Manpower Survey Officer (Non‑Gazetted) on 16‑8‑1966. Respondents Nos.1 and 2 promoted Bahadur Hussain Gilani (respondent No.3) and Muhammad Afzal Azad (respondent No.4) against the vacancies of Mr.Haq Nawaz and Mr.S.N.Oadri. The petitioner submitted an application for redress of his grievances to respondents Nos.1 and 2 and he was informed that his case was under examination and he would be informed of the decision in due course. While pending the final action on the said application, the petitioner filed a writ petition before the High Court, which was dismissed in limine on 29‑6‑1982. Thereafter the petitioner filed Intra‑Court Appeal before the High Court. The learned Judges of the High Court were pleased to direct Syed Arshad Ali, Deputy Director who appeared on behalf of respondents Nos.1 and 2, to decide the matter within a period of six months vide order dated 4‑12‑1982 The Government disposed of the case of the petitioner for fixation of seniority as a Manager, rejecting his request for giving him due seniority against the post of Mr.Haq Nawaz and Mr.S.N.Qadri but promoted him against the aforesaid vacancies. An appeal was preferred before the Service Tribunal by the petitioner. After the transfer of control to Punjab Government the following method of recruitment was formulated:‑ (i) 75% vacancies of Managers shall be filled by initial recruitment from graduates through a competitive examination to be held alongwith the competition of PCS Executive Branch. (ii) 20% of the vacancies shall be filled from Manpower Survey Officers with three years service as such. (iii) 5% of the vacancies shall be filled from Superintendents with three years' experience as such. According to the above‑mentioned formula only one vacancy fell vacant in Multan Region from 5‑6‑1962 to 19‑10‑1971 and Mr.S.N.Qadri was appointed by initial recruitment and not by departmental promotion. The Public Service Commission did not consider to send the proposal for the promotion of the petitioner as he was not entitled to the post for promotion. The advice of the Public Service Commission is clear on the subject as it asked the department to state as to how the vacancy has been available in Multan Region. The position was clarified to the Public Service Commission vide letter dated 15‑1‑1972 and the case of the petitioner was fully scrutinized by the learned Tribunal while giving its finding, which in our opinion seems to be correct. The learned counsel for the petitioner failed to show any ground for interference with the order of the learned Tribunal. The petition, therefore, has no merit and is accordingly dismissed. M.A.K./I‑97/S Petition dismissed.