JUSTICE (R) SHOAIB SAEED, CHAIRMAN ---Since common questions of law and facts are involved in the following appeals, hence the same are being disposed of through this single judgment:---
(I) Shakeel Ahmad v . Chairperson, TEVT A etc. (Service Appeal No. 3812/2014).
(11) Samson Gurdas v . Chairperson, TEVT A etc.(Service Appeal No. 3813/2014).
Facts of the case are that appellant Shakeel Ahmad was working as Senior instructor (HVACR) (BS-16) and appellant Samson Guards was working as Trader Specialist (Mech.) (BS-16). They jointly submitted an application before the respondent No. 1/Chairperson, TEVT A for grant of BS-17 as AD/VP/CI under 10% promotion quota fixed for B.Sc. Engg/B.T ech. (Hons.)/AMIE Degree in terms of amended rules promulgated through notification dated 9.3.2009. Their request was rejected by respondent No. 3/Manager (HRM), TEVT A vide order dated 8.4.2010.
They filed departmental appeal before the Chief Secretary , Government of the Punjab, Lahore/respondent No. 4 which remained undecided, leading eventually for filing appeals No 3773 & 3775 of 2010, wherein prayer clause in main appeal was as under:-- "In view of the foregoing submissions it is humbly prayed that instant appeal may kindly be accepted and the respondents be directed to promote the appellant in BS-17 against the 10% available vacant reserved posts for B.
Tech (Honours), with effect from the date when the vacancy in his quota became available.
Any other relief which this Honourable T ribunal deems fit may also be granted".
This Tribunal vide judgment dated 26.1 1.2012 decided appeals in the following terms:-- "In the light of above, I accept this appeal and direct the respondent department to make promotion under 10% quota, after preparing a joint seniority list, on the basis of their regular appointment in BS-16 and if some persons have same date of regular appointment then the principal of older in age will be applicable for the purpose of determining the seniority and the cases of the appellants be considered on the basis of seniority-cum-fitness.
Respondent department in pursuance/deference to the orders prepared a joint seniority list whereafter the case of appellants for promotion in BS-17 against 10% quota was placed in a DPC meeting held on 10.2.2014, appellants were promoted on regular basis with immediate ef fect vide order dated 31.3.2014.
Still not satisfied appellants filed departmental appeals dated 28.4.2014 against the order of respondent No. 1 before the Chief Secretary , Government of the Punjab, Lahore/ respondent No. 4 which remained undecided.
Hence this appeal.
2. Learned Counsel for the appellant contended that in terms of the notification afore-referred appellants were entitled for promotion w.e.f. the date of notification i.e. 9.3.2009 and not from 31.12014. The effective date of promotion was not inconsonance with the spirit of the notification, where under they were liable to be promoted from the date of issuance of notification.
3. Learned District Attorney controverted the contentions of the learned Counsel for the appellant on various grounds and contended that the order of this Tribunal dated 26.11.2012 was implemented in letter and spirit, had appellants any grievance against the said order they should have agitated the same before the Hon'ble Supreme Court of Pakistan but by not challenging the same, they acquiesced, now they cannot take-up the matter before this Tribunal.
4. Arguments heard record perused.
5. That in the earlier round of litigation appellants obtained orders from this. Tribunal in terms of amendment made in the Punjab Labour and Manpower Department (Manpower & Training) Service Rules, 1993 through notification promulgated on 9.3.2009, meant for promotion to BS-17 by substituting entries in column-7 as below:--
(i) 15% by initial recruitment.
(ii) 10% by promotion on seniority-cum--fitness basis from amongst holders of the posts of BS-16 who possess qualification of B.Sc. Engg/B.T ech (Hons.)/AMIE Degree. If none is available then by initial recruitment.
(iii) 75% by promotion on seniority-cum-f itness basis from amongst holders of the posts in BS-16 in the relevant field/trade who possesses the qualifications and experience as prescribed in column 6.
This Tribunal accepted appeals and directed respondent department to make promotion under 10% quota after preparing a joint seniority list on the basis of their regular appointment in BS-16 keeping in view seniority- cum- fitness.
Respondent department after preparation of tentative/joint seniority list circulated it for objections. Appellants did not challenge the same as required under the law which became final on 4.12.2013. Thereafter on the basis of said seniority list, Departmental Promotion Committee meeting was held on 10.2.2014 in which 06 officers were recommended for promotion, accordingly names of the appellants appeared in the promotion order dated 31.3.2014 issued by respondent No. 1 in said list at Sr . Nos. 2 & 3, they stood promoted with immediate ef fect.
In the present appeal, appellants sought directions to the respondents for preparation of seniority list amongst Senior Instructors (BS-16) possessing B.Tech (Hons) Degree, as from 9.3.2009 and they be considered for promotion accordingly to BS-17 against the quota reserved for the purpose.
Appellants, after preparation of the tentat ive/final seniority list as per directions passed in order dated 26.11.2012 by this Tribunal prepared the same and circulated it, appellants did not raise any objection, the list became final on 4.12.2013 and appellants thereafter were promoted.
The orders passed by this Tribunal in the earlier round of litigation and reproduced in the earlier paragraph were in line with prayer clause of appellant. Appellants had they been aggrieved by the order of this Tribunal could have challenged the same before the Hon'ble Supreme Court of Pakistan which they failed, the order passed by this Tribunal attained finality . Appellants by their own ineptness/inaction acquiesced to the orders of this Tribunal.
Appellants through the instant appeal in-fact are seeking review of the judgme nt dated 26.11.2012 which this Tribunal is bereft of under the law , hence the titled appeals are not maintainable dismissed accordingly .