' The petitioner was appointed Assistant Shipping Master, Ports and Shipping Wing. Ministry of Communication in 1990 through the Public Service Commission. He was promoted as Deputy Shipping Master on 2-2-1995 apparently on regular basis as is evident from the order of promotion which reads: "The competent authority is pleased to promote Mr. Masood Ahmed...." Somehow post of Deputy Shipping Master, however, at that point of time was also in BPS-16 and apparently the petitioner continued to remain in his original pay scale.
2. Through a subsequent Notification dated 1-4-1998 the post of Deputy Shipping Master was upgraded to BPS-18 and those of Assistant Shipping Master to BPS-17. Oddly enough however, the benefit of up-gradation was neither given to the petitioner nor to the Assistant Shipping Master then working in the Directorate and they were required to continue serving in BPS-16.
3. In 2001, new Rules relating to appointment, transfer and promotion were enforced whereunder the post of Shipping Master (BPS-19) is to be filled through promotion of Deputy Shipping Master (BPS-18). The condition of eligibility being 12 years service in BPS-17 or 7 years service in BPS-18 in case of initial recruitment in BPS-18. However, it was also provided in the Rules that if no suitable person is available for promotion the post could be filled through initial appointment and failing that by transfer. The post of Deputy Shipping Master under these Rules on the other hand is to be filled through initial recruitment. In 2003, the post of Shipping Master became vacant and respondent No,4 who was an officer of the statutory Corporation was appointed against that post on deputation. The petitioner has claimed that under the Rules he was eligible to be promoted against the post in question and this plea is contested on behalf of the respondents Nos.1 and 2.
4. Mr. Ahmad Hassan Rana learned counsel for the petitioner argued that the petitioner upon upgradation of the post of Deputy Shipping Master to BPS-18 was entitled to such benefit which he had claimed in C.P. No,1349 of 1999 and on that basis he had become entitled to be promoted to the position of Shipping Master in 2005.
5. Chowdhry Rasheed Ahmed learned counsel for respondents Nos.1 and 2 seriously repudiated this contention. In the first place he asserted that upon his promotion as Deputy Shipping Master, the petitioner was never actually promoted to BPS-18 and at the relevant time even the post had not been so upgraded. Secondly even after the upgradation of the post the petitioner was never promoted to BPS-18 and therefore, he could not claim the benefit and promotion to a post in BPS-
19. Thirdly he urged that the 2001 Rules had to be read comprehensively and the post of Deputy Shipping Master was required to be filled through initial recruitment. Since the petitioner had not been appointed through initial appointment in accordance with the prescribed procedure as Deputy Shipping Master he could not qualify for promotion as Shipping Master.
6. We have carefully considered the contentions and are unable to agree. In the instant case when the petitioner had been duly promoted as Deputy Shipping Master in 1995, it is absolutely incomprehensible why he was denied the benefit of the upgraded post in 1998, Mr. Rasheed Ahmed is right that upgradation of post does not necessarily imply promotion of an individual but in the instant case the petitioner had been duly promoted to the post of Deputy Shipping Master through a regular process and was entitled to the benefit of the upgraded position. Which was unduly withheld. Likewise all incumbent Assistant Shipping Masters, who had been regularly appointed were entitled to be placed in BPS-17. Again the rule requiring initial appointment of Deputy Shipping Master became operative only in 2001 and the conditions of eligibility for promotion as Shipping Master indicate that a directly appointed Deputy Shipping Master with 7 years service and any other with 12 years experience in BS-17 would be eligible for promotion. We would accordingly allow the petition to the extent that the petitioner be treated as having been promoted as Deputy Shipping Master in BPS-18 with effect from 1-4-1998 and be considered for promotion accordingly.
The petitioner shall however, not be entitled to claim back-benefits as none has been claimed in the present proceedings. Both the petitions stand disposed disposed of.