Pakistan Case Law← Search
2006 PLC (C.S.) 1119

BASHIR AHMAD vs WATER AND POWER DEVELOPMENT AUTHORITY through

Citation2006 PLC (C.S.) 1119
CourtFederal Service Tribunal
Judge(s)Moazzam Hayat, Jehan Zaib Burki
ResultOrder accordingly

' MOAZZAM HAYAT (MEMBER).---Appellant Bashir Ahmad, Attendant in Thermal Power Station, Muzaffargarh has filed the present appeal for grant of Selection Grade in BPS.16. He has requested that this grade be also allowed to the pro forma respondents. The prayer clause is reproduced as under:-- "It is, therefore, respectfully prayed that this Service Appeal may very graciously be accepted and the Defending Respondents may kindly be ordered to allow the appellant and the Pro forma Respondents placement/Selection Grade BPS-16 from the date of vacancies falling due from a period of about a decade."

2. The respondents have stated in their written statement that Selection Grade has been allowed to the employees of WAPDA from the date of occurrence of vacancies on the recommendations of Selection Board in pursuance of Director Finance's Office Order dated 9-1-1998. Today a copy of the Office Order No,3721-26, dated 30-3-2001 has been produced by which the appellant has been granted Selection Grade w,e,f, 20-2-1995. The learned counsel for the appellant has submitted that the appellant was entitled to Selection Grade w,e,f, 2-12-1992 with the pro forma respondents. He has requested that Selection Grade be allowed to the appellant and to the pro forma respondents w,e,f, 2/12/1992.

3. The present appeal has been filed by Bashir Ahmad Appellant. He cannot pray for grant of relief to the pro forma respondents. The rules require that every aggrieved employee should file his own appeal. The pro forma respondents should have filed independent appeals. If the prayer made by the appellant for grant of relief to pro forma respondents besides himself is allowed then the rules framed under the Service Tribunals Act, 1973 shall be rendered ineffective.

4. The appellant had not prayed in his appeal for grant of Selection Grade w,e,f, 2-12-1992. His prayer in appeal was generalized in nature. Such a prayer cannot be made. The appellant was required to give a specific date from which he wanted relief. In any case we leave it to the respondents to look into this claim of the appellant that since vacancies were available in Selection Grade on 2-12-1992, therefore, he was entitled to that grade from the said date.

5. The learned counsel for the appellant has stated that employees evenly placed with the appellant including the pro forma respondents are entitled to the benefit of the judgment of this Tribunal. There is no denying the legal position that benefit of judgment of the Federal Service Tribunal and of the judgment of the apex Court has to be extended to non-litigating employees evenly placed with the successful litigants. If the pro forma respondents find that the appellant has been given a certain treatment under the light of the present judgment they may approach the Authority for the same relief.

6. No order as to costs. Parties be informed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search