Syed Bilal Ahmed, Member.--In this appeal filed on 3.9.2005, the appellant assailed impugned order dated 29.10.1986 and rejection of departmental appeal dated 3.8.2005 wherein his requests for promotion was rejected.
2. The appellant, made the following specific prayers in his appeal:-- "(a) to substitute the words and figures "with effect from 20.10.1986 by the words and figures with effect from 8th August, 1983 in Notification No 5(1)/80-A.V, dated 29th October, 1986 issued by its predecessor Ministry;
(b) to re-fix the pay of the appellant in BPS-17 and revise the allowances admissible to him with effect from 8th August, 1983 and pay him the arrears of pay and allowances accordingly;
(c) to amend the recruitment rules of the post of Deputy Director (BS-18) in the Board of Investment and include the post of Statistical Officer (BS-17) as a feeding post of Deputy Director' (BS-18) for promotion purpose or to consider the possibility of re-designating the post of Statistical Officer as Assistant Director (BS-17);
(d) to consider the appellant for promotion against the post of Deputy Director (BS-18) from the date when another officer namely Mr. Talat Rasheed Miyan, having designation other than Director and without channel of promotion was promoted as Director General (BS-20) out of his cadre."
3. Brief facts of the case as given in the memo of appeal are that the appellant was working as Statistical Investigator (BS-16) in the Investment Promotion Bureau, Karachi (IPB). Posts of Statistical Investigators/Economic Investigators were upgraded from BS-16 to BS-17 and redesignated as Statistical Officer/Research Officers vide Planning and Development Division O.M. dated 8.8.1983. In compliance with the above decision, posts of Statistical Investigators in several organisations were upgraded to the post of Statistical Officer w,e,f, 8.8.1983 i,e, the date of issuance of the decision.
However, Ministry of Industries upgraded the said post w,e,f, 20.10.1986 for Statistical Investigator in IPB. It was stated that Ministry of Industries upgraded and redesignated the post of Economic Investigator (BS-16) to the post of Research Officer (BS-17) within the Ministry w,e,f, 8.8.1983. The appellant accordingly alleged discriminatory treatment. It was stated that he submitted representation on 3.2.1992 and also thereafter but without any result. The appellant stated that subsequently he was transferred and posted as Section Officer (BS-17) under Section 10 of the Civil Servants Act, 1973 w,e,f, 25.4.1992 and incompliance with the order of the Hon'ble Lahore High Court, Rawalpindi Bench dated 17.6.2004 he was regularly appointed by transfer as Section Officer (BS-17) in the office Management Group.
4. The appellant also stated that promotion prospects for Statistical Officers were not available in the Investment Promotion Bureau. Case was taken up in March, 1992 to provide channel of promotion for the post of Statistical Officers (BS-17). The same has not been agreed to till date. The appellant alleged discrimination vis-a-vis Mr. Talat Rasheed Miyan an officer of IPB. It was stated that nomenclature of his post was changed from Industrial Economist to Director and later on, he was promoted to the post of Director General.
5. In reply, the respondents stated that the IPB received orders of upgradation from Ministry of Industries in October, 1986 and accordingly implemented upgradation w,e,f, 20.10.1986.
Respondents 1 and 3 denied receipt of any application from the appellant dated 3.2.1992. As regards promotion prospects, Respondent Nos, 1 & 3 stated that best efforts were made for changing recruitment rules but competent authority did not agree to provide promotion prospects to Statistical Officers to the post of Deputy Director (BS-18) and Director (BS-19). It was also stated that IPB was disbanded on 27.4.1994 and its employees were absorbed in the Board of Investment (BOI). That recruitment rules of BOI were approved by the Establishment Division and Federal Public Service Commission. The approved rules did not provide for promotion of Statistical Officer to the post of Deputy Director. Regarding the precedent of Mr. Talat Rasheed Miyan, who was promoted as Director General (BS-20) w,e,f, 2.9.2001 and Executive Director General (BS-21) w,e,f, 17.2.2004, it stated that his promotion was in accordance with the recruitment rules approved by the FPSC in consultation with the Establishment Division and on recommendation of Central Selection Board.
6. Respondent No, 2 took the preliminary objection of limitation. It was stated that provisions in the Draft Recruitment Rules of the Board of Investment for placing the post of Research Officer and Statistical Officer as feeding post of Deputy Director (BS-18) was not approved in 1998 because duties of the former posts were not consistent with those of the later. That the Appellant severed all connections with his previous office due to induction in OMG in 2005. Hence the appeal was not maintainable.
7. Arguments heard and record perused.
8. Prayer of the appellant as made in the para 2(a) and (b) are not maintainable. His post was upgraded alongwith four others w,e,f, 20.10.1986 vide impugned order dated 29.10.1986. He accepted the impugned order and filed the appeal after nine years. During this long period, his former department (IPB) was disbanded on 27.4.1994 and its employees absorbed in the Board of Investment (BOl). He himself was transferred to the Federal Secretariat under Section 10 of the Civil Servants Act, 1973 w,e,f, 25.4.1992. Lastly, he was inducted in the Office Management Group (OMG) in 2005 thereby severing all connections with his parent department. Respondent No, 2 have rightly taken the plea that the appeal is time barred.
9. Prayer of the appellant as made in para 2(c) supra is not maintainable under Section 4(1) of Service Tribunals Act, 1973 (STA, 1973). In terms of Section 4(1) of STA, 1973 a Civil Servant aggrieved by any order, whether original or appellate, made by the departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him, prefer an appeal to the Tribunal. The prayer to amend the Recruitment Rules of the post of Deputy Director (BS-18) in the Board of Investment and inclusion of the post of Statistical Officer (BS-17) as a feeding post for Deputy Director (BS-18) for promotion purpose or to consider the possibility of re-designating the post of Statistical Officer as Assistant Director (BS-17) does not fall within the ambit of Section 4(1) of STA, 1973. The prayer is also not maintainable for the simple reason that his former department stood disbanded in 1994. He himself has been inducted in the OMG in 2005.
10.Prayer made in para 2(d) supra for his promotion against the post of Deputy Director (BS-18) from the date when another officer namely Mr. Talat -Rasheed Miyan having designation other than Director and without channel of promotion was promoted as Director General (BS-20) out of his cadre has no merit. The case of the appellant has no relationship with that of Mr. Talat Rasheed Miyan. The appellant has not established that Mr. Talat Rasheed Miyan was also working as Statistical Investigator/Statistical Officer. Discrimination is established only under similar circumstances. This prayer is not maintainable also on the ground that the appellant severed all his connections on the factum of induction in the OMG in 2005.
11.The appeal is devoid of merit and is dismissed.
12.No order as to costs. Parties be informed.