' JUSTICE (RETD.) GHULAM NABI SOOMRO, (CHAIRMAN).----This appeal under section 4 of the Sindh Service Tribunals Act, 1973 has been filed by the appellant with following prayers:--
(a) To set aside the notification dated 30-5-2006 regarding promotion of 2 junior officers to the post of Instructor Electrical (BS-17) as mentioned respondents Nos.4 to 5.
(b) To direct the respondents Nos.l to 3 to convene the DPC/DSC and consider/recommend the name of the appellant for promotion to the post (B-17) with all consequential benefits.
(c) To direct the respondents Nos.1 to 3 to convene the DPC/DSC and consider the appellant for promotion as name of the appellant was not properly considered for promotion by the respondents Nos.l to 3 when junior arrayed as respondents Nos.4 to 5 were promoted.
(d) To promote the appellant with back-benefits to the post of Instructor (Electrical) B-17 ante date as the appellant fulfills all the qualification and quantification for promotion to the post of (B-17).
(e) Cost of the appeal.
(f) Any other relief as the Honourable Court may deem proper and fit under the circumstances of the case.
2. The case of the appellant briefly stated is that he was inducted in service in the year, 1990 as Junior Instructor in Grade 14 in the Department of Education and was posted at Government Vocational Institute, Nawabshah. A seniority list was prepared on 6-9-2000 wherein he was placed at Serial No,15 and the respondents Nos.4 and 5 at Serial Nos.19 and 20 respectively. That in subsequent DPC meeting, the appellant though entitled for consideration for promotion was placed out of consideration for the reasons of non-communication of Annual Confidential Reports for the years 2001 and 2002, which resulted in promotion to Grade-16 of two his (appellant) juniors namely Dhani Bux and S. Farrukh Nawab, respondents Nos.4 and 5 respectively. Respondents Nos.1, 2 and 3 Government functionaries and Departmental Authority, though served with the notice as envisaged under rule 13(1) and rule 16(1) of the Sindh Service Tribunal (Procedure) Rules, 1974, did not file any written statement in spite of sufficient time allowed to them for such purpose. Hence the side of the above said respondents was closed and matter fixed for regular hearing.
Respondents Nos.4 and 5 filed their written statements wherein they have denied the case of the appellant. During the hearing of the appeal Mrs. Rubina Asif, Deputy Secretary, Higher Education, present, to assist the learned A.A.-G. Stated and conceded that adverse remarks for the year 2000 and 2001 were not communicated to the appellant in time, by the Directorate, TeChnical Education.
3. Mr. Sanaullah Noor Ghouri, learned counsel for the appellant while referring to the judgment of this tribunal in the case of Sayed Ayaz Hussain v. Chief Secretary Government of Sindh and 3 others, reported as KLR 2005 Labour and Service Cases 367 and Honourable Supreme Court Order in the case of Muhammad Farooq Chauhan v. The Province Punjab PLD 1987 SC 271, inter alia argued that the reason for not considering the appellant for promotion seniority in the DPC meeting was because the A.C.Rs, were not communicated to the appellant by the Directorate and therefore, not before the DPC at the relevant time, for which appellant cannot be blamed or held at fault. Learned counsel, at the conclusion of his submissions, however, did not press the prayers made in the memo. Of appeal but submitted that the appellant would be satisfied if the matter is remanded to the Departmental Authority/ Secretary Department of Education, for considering the case of the appellant afresh in accordance with law. To this prayer the learned A.A.-G. Has conceded.
4. Having heard the learned counsel as mentioned above and after going through the record available on the file, we are inclined to accept the prayer made before us on behalf of the appellant and would resultantly allow this appeal and remand the case, directing the Departmental Authority to consider the appellant's case in accordance with law.
5. For the foregoing reasons this appeal was allowed by a short order as follows:-- "1-2-2008 Sananullah Noor Ghouri, Advocate for Appellant.
' Mrs. Tabasum Ghazanfar, A.A.-G. Along with Mrs. Rubina Asif Deputy Secretary, Higher Education.
' For the reasons to be recorded later on, the appeal is allowed and the matter is remanded to the Departmental Authority/Secretary Education for considering the case of the appellant in accordance with law. No order as to costs. Appeal stands disposed off."
' The appeal stands disposed of in the above terms.