Moazzam Hayat, Member.--Appellant Tahawwar Ahmed was a Senior Joint Secretary when he filed the present appeal seeking antedated promotion in BS-20, 21, and 22 on the same pattern on which promotion had been allowed to Mr. Muhammad Akhtar Buland Rana of Audit and Accounts Service. His departmental appeal dated 22.06.2011 was not responded.
2. According to the appellant Mr. Muhammad Akhtar Buland Rana was given seniority in BS-21 with effect from 16.06.2008 i,e, the date when his juniors were promoted. Invoking Article-25 of the Constitution he requests for the same treatment.
3. The appeal is resisted by the respondents. It is stated that the case of the appellant is not at par with the case of Mr. Muhammad Akhtar Buland Rana. It is also stated by them that the other precedents cited by the appellant are not relevant so far as his promotion is concerned.
4. We have heard the learned counsel for the parties and have also perused the record.
5. In August, 2000 the appellant had joined UNO with the permission of the Federal Government on deputation. He resigned from UNO and returned to Pakistan to join service of Pakistan in September. 2005. His grievance is that this period of five years was not taken into consideration for determination of his seniority.
6. The appellant had gone on deputation with the explicit permission of the Federal Government.
His deputation with the UNO should not have deprived him of the benefit of promotion. The civil servants who go on deputation abroad regain their seniority on return and are considered for promotion in the normal course. If they do not return they are deferred till their return on the completion of period of their deputation. The only condition is that on return they are required to earn one full year PER for consideration for promotion. In this regard the Establishment Division's O.M. No, 10(3)/81-CP.I, dated 25.06.1984 is fully applicable.
7. We fail to understand as to why the matter in issue was sent to the FR-17 (1) Committee and why the Committee had not taken into consideration the above-mentioned O.M. The officers of the Federal Government, going on deputation abroad, are granted antedated seniority by this O.M. The period of deputation does not create any interruption for determination of seniority of deputationists. It is for that reason that in the O.M. word 'deferment' is used. Had the intention of the Government been different word 'supersession' had been used in place of word 'deferment'.
8. If the practice of not considering the officers for seniority and promotion is continued no officer shall ever go on deputation to prestigious institutions like UNO. In fact the appellant had the privilege of representing Pakistan in the UNO. His this assertion has not been controverted that in the UNO he had earned meritorious certificates and appreciation letters. Instead of giving recognition to his that service he was deprived of seniority and promotion by the FR-17 (1)
Committee who did not recommend his case to the Hon'ble Prime Minister of Pakistan. If Mr. Muhammad Akhtar Buland Rana could be given antedated promotion, the appellant could also be given the same treatment. Article-25 of the Constitution guarantees equal treatment of law to all.
Appeal No, 893(R)CS/2011 was decided by the FST vide judgment dated 22.09.2011. The judgment was authored by Mr. Moazzam Hayat, Member. A direction was issued to the respondents either to treat the appellant to have been regularly promoted as Federal Secretary in BS-22 or to grant her proforma promotion in that grade. This judgment of the Tribunal was upheld by the Hon'ble Supreme Court vide Order dated 06.01.2012. The Bench of the Hon'ble Supreme Court comprised of My Lord the Chief Justice of Pakistan. Mr. Justice Iftikhar Muhammad Chaudhry and My Lord Mr. Justice Khilji Arif Hussain. On the same principle proforma promotion can be granted to the appellant also especially when he was not at fault in going on deputation with the UNO.
9. We shall now take-up the provision of ESTACODE contained in (Vol.I) SI. No, 205, Edition - 2007 pages 321 - 322). The ESTACODE requires that a civil servant gone on deputation shall be called back at the time of his promotion. In this case it is not stated by the respondents that during his tenure with the UNO he was directed to report back to the Establishment Division. As stated above, he had gone on deputation with the permission of the Government. It may be mentioned that in para-4 of the instructions the UNO has been taken out of the purview of posting on deputation abroad. This para is reproduced:-- "4. The above instruction do not apply to senior appointments in international organizations such as the United Nations, the R.C.D. Sectt., etc. to which officers are nominated by government having regard to their qualifications, experience and suitability. In such cases, it may be presumed that the services of the officer have been placed on deputation with the foreign organization in the public interest, and 'proforma promotion' when called for, may be made."
Under this provision it shall be presumed that the appellant had been sent on deputation to UNO in public interest. When his deputation was in public interest, his seniority and ultimately his promotion could not be adversely affected and he could be granted proforma promotion.
10. In the above circumstances, we allow the appeal and direct that the appellant shall be given antedated promotion as prayed for by him.
11.There shall be no order as to costs.
12.There shall be no order as to costs.