' MOAZZAM HAYAT (MEMBER).---Appellant Rahat Ali Sheikh was an Assistant Director/Junior Engineer in WAPDA. Relying on the judgment of the Honourable Supreme Court of Pakistan dated 7- 6-1995 passed in Civil Appeals Nos.320 of 1993 and 386 of 1993 he has prayed for grant of regular BPS-18 and thereafter to Move-over in BPS.19.
2. Today we have heard the learned counsel for the appellant and have also perused the record.
3. It appears from the record that the appellant had retired from service in BPS-17 though he had been granted Move-over in BPS 18 w.e.f. 1-12-1992 vide order dated 18-5-1995. The impugned order dated 3-4-1998 is very relevant and is produced in verbatim as under:- ' SUBJECT GRANT OF MOVE OVER FROM BPS-18 TO BPS-19 TO Mr. RAHAT ALI SHEIKH JR.ENGINEER.
' The request of Mr. Rahat Ali Sheikh, Jr. Engineer for grant of move-over from BPS-18 to BPS-19 was considered in the light of judgment of Honourable Supreme Court of Pakistan and relevant rules, it is informed that the same cannot be acceded to, because Mr. Rahat Ali Sheikh has been already allowed move-over in PBS-18 w.e.f. 1-12-1992 vide this office order No.604-18/MDP/CEAP/Confd/WP- 183 dated: 18-5-1995, is not entitled for grant of move-over in PBS-19 as two successive move-overs are not allowed.
' Moreover, the decision of Supreme Court of Pakistan in the appeals Nos.CA-320 of 1993, CA-386 of 1993, as applicable in the cases of those employees who reached in PBS-18 by time scale Upgradation and not by move-over. The office concerned may be informed accordingly."
(Sd.)
(Daulat Ali Harral)
Asstt: Director (Confidential)
WAPDA, WAPDA House Lahore"
4. From the impugned order it has transpired that the appellant had not been upgraded to BPS-18 and it was for that reason two successive move-overs were not allowed to him. Mover-over in BPS- 18 was allowed to him on 1-12-1992. The second Move-over could be allowed to him only on his regular promotion in BPS-18. Since he was not regularly promoted in BPS-18, therefore, he was not entitled to Move-over in BPS-19. The judgment of the Honourable Supreme Court of Pakistan relates to the officials who had been upgraded in BPS-18. Upgrdation means promotion and it amounts to regular posting in higher grade. In such a case Move-over is permissible. But when a Civil Servant is not promoted or upgraded he cannot be allowed to claim Move-over twice. The respondents had not violated any instructions in refusing second Move-over to the appellant.
5. As regards the prayer of the appellant, for promotion in BPS-18 it is not explained by him as to on what right he has made that claim. Promotion is not a vested right of a Civil Servant. It is granted on certain conditions by the Departmental Selection Committee. The appellant is claiming BPS-18 on some analogy. We are not prepared to consider his claim on any analogy because it involves formulation of a policy for promotion to a certain type of Engineers. Since no such policy existed,.
Therefore, no right of the appellant was violated. In the absence of any rule or policy we cannot direct the respondents to grant promotion to the appellant in BPS-18.
6. For the above reasons we hold that the appellant did not have any locus standi to file the present appeal. Even otherwise the impugned order was passed on 3-4-1998 whereas the present appeal was filed after more than six years and four months and that too after the appellant was retired from service. Keeping all the circumstances into consideration we dismiss the appeal in limine.
7. No order as to costs. Parties be informed.