Moazzam Hayat, Member.--Appellant Abdur Rashid Bajwa is a Grade-19 Officer in the service of respondents. He is aggrieved by the promotion of Respondents No. 4 to 9 in BS-20, made vide order dated 30.04.2009. His departmental appeal was rejected on 20.08.2009. Hence the present appeal.
It is maintained by him that he was at serial No. 9 in the gradation list of BS-19 Officers but in spite of his seniority he was not promoted.
2. The appeal is resisted by the respondents. It is stated that the appellant had not achieved threshold of 70 and was superseded twice in the past.
3. We have heard the learned counsel for the parties and have also perused the record.
4. It is stated by the learned counsel for the appellant that the appellant is working against the higher post of Collector (BS-20) since 2002. We fail to understand as to how the officer, not found eligible for promotion, was given the charge a post in BS-20. His posting against a post in BS-20 since 2002 contradicts the stand taken by the respondents that he was not eligible for promotion.
The posting of the appellant as Collector (BS-20) is a tacit admission of his suitability for promotion in Grade-20. The appellant has been working against a post in BS-20 for the last 8 years. The respondents have not been able to justify after declaring him ineligible for promotion.
5. The appellant is working against higher post in BS-20 for the last 8 years. It definitely means that he is eligible for that posting, otherwise he would not have been given the charge of higher post for that such a long period. The result is that the appeal is accepted. The respondents are directed to consider the appellant for promotion to BS-20 from the date his promotion was due. The process may be completed preferably within a period of three four from the date a copy of judgment is received in the office of respondents.
6. There shall be no order as to costs. Parties shall be informed.