' AKBAR M. MEMON (MEMBER).---Heard Mr. Sanaullah Noor Ghouri, learned counsel for the appellant and so also Mr. Niaz Ahmed, standing counsel, who was present with DR Sarfaraz Ahmed Assistant XEN. None present for respondents .5 to 10 in spite of notice.
2. Mr. Sanaullah Noor Ghouri, learned counsel for the appellant contends that this case has a chequred history, as at one place appellant has been refused Selection Grade, vide letter dated 4- 1-2001, on the basis of non-recommendation of his promotion in the ACR for the year 1995. At the same time, he contends that the appellant was promoted vide letter dated 24-7-2001 as Sub- Engineer (Grade-I) w.e.f. December, 1999. He has contended that either it is a case of victimization or there is a patent mistake on the part of respondents, therefore, the same be rectified and he would be satisfied, if the appeal is admitted and the respondents are directed to consider the case of appellant for selection Grade in the light of his promotion order dated 24-7-2001.
3. Mr. Niaz Ahmed Khan, standing counsel appearing for the respondents, after consulting the DR, has supported the arguments of Mr. Ghouri, learned counsel for the appellant and has left the matter with the Tribunal to pass appropriate order/judgment.
4. After hearing both of them, we admit the appeal. Security as per rules within three days. Now we proceed further and decide the appeals as under:--
5. It is surprising to bring it on record that at one place the appellant is denied Selection Grade on the ground that he was not recommended for the promotion in the ACR for the year 1995 which letter was issued on 18-1-2001 but, at the same time, he has been promoted from Sub-Engineer B/R Grade-II to Grade-I, vide letter dated 24-7-2001 w.e.f. 23-12-1999. In such a situation, we direct the respondents to consider the case of appellant in the next Departmental Selection Committee (DSC), preferably within three months, in the light of his promotion, which has been granted to him on 24-7-2002, enabling the appellant to get benefits of Selection Grade.
6. In view of the above, there will be no orders as to costs. Parties be informed accordingly.