SHER SHAH KASI, CHAIRMAN----- Through the instant appeal filed under Section 4 of the Balochistan Service Tribunals Act, 1974 the appellant has made the following prayer:----
(i) To declare the Balochistan Population Welfare Department (Basic Pay Scale B-16 & above) 2016 issued vide Notification No SOR-H (19)1/2016- S&GAD/4126-76, dated 9th December , 2016 to the extent that, the same does not provide share/quota for promotion of the Assistant Private Secretary (B-16) to the higher rank, is discriminatory , unjustified and unfounded which is offensive to the doctrine of legitimate expectation of promotion. ii) To direct the respondents on the strength of principle of consistency to remove the disparity in share/quota allocated in the rules applicable to the members of service holding the post of Assistant Private Secretary (BPS-16) of the other departments of the Province of Balochistan and to make amendments in the impugned Rules of 2016 to the extent which will open the avenue of progression of the cadre of the appellant to the next rank.
(iii) Any other relief which this Hon`ble Tribunal deems fit and proper under the circumstances of the case also be awarded."
2. Precisely stating the facts of the case are that the appellant was appointed as Steno-typist (BS-12) vide order dated 09,04.1983, in the Population Welfare Department, and was further promoted as Stenographer (BS-15), vide order dated 03..12.102, furthermore the competent authority in pursuance of Finance Department's notifications dated 25.03.2013 and 26.09.2013, redesignated the post of Stenographer (B-15) as Senior Scale Stenographer (B- 15) and upgraded the same as Assistant Private Secretary (B-I6), w.e.f. 28.11.201 1, vide order dated 10.10.2013.
According to the appellant he' is aggrieved from the Balochistan Population Welfare Department (Basic Pay Scale 16 and above) Service Rules, 2016, issued vide impugned notification dated 09.12.2016 (hereinafter "the said Rules") had preferred departmental appeal on 05.07.2017, with the prayer that the promotion quota of Assistant Private Secretary against the post of BPS-17 i.e. Assistant Director/Deputy Distric t Population Welfare Officer and District Population Welfare Officer (B-17) be restored in the light of previous Service Rules and the said departmental appeal remained un-responded. Hence, the instant appeal.
3. The respondents contested the appeal on legal and factual grounds by filing their Para-wise comments.
4. Heard arguments and perused the record.
5. We are conscious of the fact that the appeal is not within time, but the record reveals that along-with the memo. of appeal, the appellant has filed an application for condonation of delay and stated therein that, the impugned notification dated 09.12.2016, whereby the Balochistan Population Welfare Department (BPS-16 & above) Service Rules, 2016 were issued, on the other hand the department prior to the gazette notification has not called for any objection from the concerned officers and soon after having knowledge of the same, the appellant preferred departmental appeal against the said Rules and the delay caused in filing the departmental appeal was neither intentional nor deliberate. Thus, viewing the above situation we hereby condone the delay .
6. The grievance of the appellant is that as per appendix of the said Rules method of recruitment for appointment against the higher posts has been prescribed without taking care of or giving serious consideration to the prospects of promotion and legitimate expectation of the Assistant Private Secretary (BS-16), for their advancement in, career and principles of consistency and equality have also been ignored while making the said Rules by the Department.
7. The record reveals that the Government Balochistan vide notification dated 09.12.2016, in exercise of the powers conferred on it by Section 25 of the Balochistan Civil Servants Act; 1974 has been pleased to make the Balochistan Population Welfare Department (Basic Pay Scale 16 and above) Service Rules, 2016, to regulate the recruitment and prescribe conditions of service for the persons appointed thereto, previous Rules of 1993 and 2004 stood repealed. In the appendix of the Rules, method of recruitment of appointment against various posts and higher grades has been specified.
8. It is pertinent to mention here that the principles of consistency and equality before law has been ignored altogether while making the said Rules, and the Service Rules of other departments of Province of Balochistan and method of recruitment prescribed therein have not been kept into consideration by the respondent No. 1 to avoid disparity . The appellant has annexed with the memo. of appeal, the Balochistan Planning and Development Department (BPS-16 and above) Service Rules, 1984, as amended vide notification dated 26.02.2015, the Balochistan Secretariat (Grade-16 & above) Service Rules, 2002 as amended vide notification dated 20.01.2014, the Balochistan Secretariat (Grade-16 and above) Service Rules, 2002, as amended vide notification dated 21.08.2015.
9. From perusal of the appendix of the above Rules it appears that the other departments of the Province of Balochistan have taken commandable measures by opening promotion avenues for the persons holding the posts of Assistant Private Secretary (BS-16), to ensure their advancement in career . But, unfortunately the Population Welfare Department, without taking care of or giving serious consideration to the prospects of promotion and legitimate expectations of Assistant Private Secretary (BPS-16) for their advancement in career . Furthermore, the principles of consistency and equality before law have also been ignored altogether inasmuch as while making the said Rules, Rules of other departments of the Province of Balochistan and method of, Recruitment prescribed therein have also not been kept into consideration to avoid disparity .
10. It would\not be out of place to mention here that a person is recruited by an organization not just for a job, but left for a whole career . One must, therefore, be given a reasonable opportunity to advance in career The opportunity for advancement in career is not only an incentive for personal development but also a requirement for progress of any organization. Extending reasonable opportunity of advancement in career towards employees would enable them to live more meaningful life in the pursuit of happiness, peace and tranquility which is always considered necessary for promoting efficiency in the department. Further , the efficiency cannot be achieved from a person left with no or meager prospects of advancement in career .
11. For the foregoing reasons, it is declared that the Balochistan Population Welfare Department (Basic Pay Scale 16 and above) Service Rules, 2016, issued vide notification dated 09.12.2016, to the extent that it does not provide reasonable share/quota for promotion of Assistant Private Secretary (BPS-16) to higher rank is discriminatory and unreasonable. Therefore, the case is remanded to the respondents with the directions to remove the disparity in share/quota allocated in the said Rules applicable to the members of service holding the posts of Assistant Private Secretary (BPS-16). in the light of Rules of the other departments of the Province of Balochistan (as mentioned in Para-8 supra) by amending the said Rules, within a period of four mouths positively . File after completion be consigned to record.