FALAK SHER, J.~ Petitioner having joined the Wapda as Meter Inspector-II on 16.9.1963, was promoted as Meter Inspector-I on 24.9.1964 and couple of decades later vide letter dated 15.10.1983 was provisionally promoted as Junior Engineer in BSP- 17 on temporary basis subject to clearance of the prescribed departmental promotion examination in BSP- 16 within to successive examinations from the date of issuance of the promotion order failing which he will revert to the. Original post and in the event of its maturity, his promotion will take effect from the date his juniors were promoted, which, did not mature into reality (for failure of the petitioner to appear in the examination held on 24.9.1988 and 16.9.1988, subsequent whereto despite conferment of an additional chance did not avail of the same), turning down his request for re-fixation of the seniority /proforma promotion in BPS-16, re-affirming his reversion to the substantive rank of Meter Inspector, in the event of his failure to achieve the same vide letter dated 8.11.1994.
However, during the interregnum having cleared the departmental promotion examination prescribed for promotion to Senior Engineer in BPS-18, was exempted from having to pass the departmental promotion examination in BPS-16 w.e.f. 15.7.1984 vide letter dated 20.8.1998.
2. Subsequent whereto he sought re-fixation of the seniority/proforma promotion on 8.9.1998 and after exhausting statutory waiting period preferred appeal (No. 2050-L of 1998) before the Federal Service Tribunal, on 22.12.1998 which, was dismissed vide the impugned judgment dated 2.6.2001, observing the following:- "We have heard the arguments and written arguments also examined along with the record- The appellant preferred a departmental appeal for fixation of seniority/proforma promotion as Junior Engineer and Senior Engineer on 8.9,1998 and has received no reply on the expiry of 90 days statutory period, the present appeal was filed on 22.12.1998, therefore, the appeal does not hit by any time limitation, It is submitted by the appellant that the earlier appeal filed by him was different from the present one. We have gone through the judgment already delivered by the Tribunal on 10.9.1995 and the present appeal filed by th appellant. We are of the view that the contents and relief sought by the appellant in the previous Appeal No. 134- L/1995 and the present appeal filed on 22.12.1998 are similar and based on the same cause of action. The relevant paras of previous Appeal No. 134-L/1995 are reproduced for better appreciation of the case:- "The perusal of the appellant promotion order shows that he was promoted subject to a number of conditions. One of condition inter alia reads as under:-
(i) The promotion is made subject to condition that Mr. Muhammad Yaqoob, Meter Inspector shall have to qualify the prescribed departmental examination in Grade-16, as laid down in the relevant rules, within to successive examination from the date of issue of this order failing which he will stand reverted to his original post."
It follows from the above that the appellant as per his promotion order was required to qualify the examination in question.
As regards the appellant's stand that it became redundant as per agreement with the Union, the relevant portion of the Notification dated 1.10.1983 is reproduced below:- It is decided that 25% senior most upper subordinates having 10 years satisfactory service may be placed in Grade-16 without process of examination. However, promotion to BPS-17 will be subject to passing of departmental examination."
It is clear from above that any person desiring the promotion will have to qualify the examination in question. WAPDA's letter dated 5.7.1994 reads as under."
The last examination under old procedure from 16 to 17 was held in June, 1983. After the examination, the new procedure was adopted and immediately to departmental promotion examination from Grade 16 to 17 were held on 24.9.1988 and 16.9.1989 respectively."
The organization arranged to examinations, however, the appellant did not appear in any examination. Since he did not qualify the examination, he has no case.
Under the circumstances, we dismiss the appeal having no merit. No order as to costs.
5. For the above-reasons, we ate convinced that the appellant has not made out any case calling for any interference by this Tribunal because his identical appeal on the same cause of action has already been dismissed by the Tribunal as already pointed out and discussed and this appeal is hit by the principle of res judicata. Therefore, this appeal also fails which is hereby dismissed with no order as to costs. Parties be informed."
3. Hence has recoursed to the captioned petition, reiterating the prayer deploying the aforesaid exemption as the spring board urging that the departmental promotion examination prescribed' for BPS-16 were never held after order dated 15.10.1983.
4. Which we are afraid is ill-founded because independent of the res judicata, it is significant to note that the petitioner was provisionally promoted on purely temporary basis vide office order dated 15.10.1983 as Junior Engineer in BPS-17 subject to clearance of the departmental promotion examination for BPS-16 within to successive examinations in which eventuality, he was to acquire the sought for seniority as the Junior Engineer, failing which he was to be reverted back to the substantive rank, which he could not qualify despite reported holding of the examinations, in addition to conferment of an additional grace chance as per letter dated 8.11.1994.
And, upon his clearance of the examination for promotion from BPS-17 to BPS-18 as Senior Engineer exemption was granted from clearance of the examination for BPS-16, just to avoid his reversion to the substantive rank of Meter Inspector fixing his date of promotion in the later grade on 15.7.1984, the date when he passed his departmental examination from Junior Engineer to Senior Engineer vide office order dated 20.8.1988.
5. Resultantly, the petition being devoid pf any substance, fails and is hereby dismissed, leave declined.