Tauqeer Ahmed Khan, Member. By way of this appeal under Section 4 of the Service Tribunals Act, 1973, the appellant has prayed for setting aside of the appellate rejection order dated 11.09.2020.
The order/letter is issued by the Section Officer (A-III), Ministry of Law and Justice, Government of Pakistan, Islamabad and addressed to the Judge, Accountability Court-Ill, Karachi. The order, in extenso, is reproduced as under:- "Subject: PROMOTION FROM THE POST OF READER (BS-14) TO REGISTRAR (BS-17)
REPRESENTATION THEREOF.
Dear Madam, I am directed to refer to your letter No. AC-III/SK-107 of 2020 dated 23.07.2020 on the subject cited above and to state that cadre-wise seniority list of the employees working in Federal Courts/Tribunals is prepared vide this Division's U.O.No. 29(6)/2015A-V, dated 07.08.2015 (Annex-I).
Paras 1 and 1(C) of the U.O reads:-
2. It has been decided by the competent authority that seniority lists of all the employees working in all the Federal Courts/Tribunals across the country would be maintained as follows:-
(c) All officers/officials of the Courts/Tribunals can be transferred anywhere in Pakistan on administrative ground when it is deemed appropriate by the competent authority, however, their seniority will remain intact in their parent Court/Tribunal unless they are absorbed in the serving Court/Tribunal.
3. Mr. Akbar Noor, Reader, Accountability Court-III, Karachi was initially appointed in Special Court (Central-I), Karachi (Annex-II). Subsequently, he was simply transferred in Banking Court-IV, Karachi (Annex-III). Therefore, his seniority does not fall in the ambit of Banking Courts, Sindh."
2. Brief facts of the case, as narrated in the memo. of appeal are, that the appellant was initially appointed as Junior Clerk (BPS-5) in the Court of District and Sessions Judge, Karachi on 14.09.1981, however, on the basis of seniority-cum-fitness, promoted as Senior Clerk (B-6) on 12.03.1986, selection grade was accorded in B-9 and finally was transferred and posted as Reader (B-10) vide letter dated 20.12.1989 in the Court of Special Judge, Central-II, Karachi. He was given move over in BS-11 in the year 2003, thereafter, the post of Reader (B-11) was upgraded to B-14 in 2014. He was further transferred by the Respondent No. 1 in the Court of Special Court (offences in Banks) Karachi vide letter dated 07.12.2012 and again transferred from the Court of Special Court (Customs, Taxation and Anti-Smuggling), Karachi on 21.12.2015 to the Court of Banking Court No. W, Karachi.
On 07.08.2015, a policy letter was issued by the Respondent No. 1 in that seniority list of all employees working in the Federal Courts/Tribunals across the Country would be maintained from BS-1 to BS-6 on Divisional/Local and Status-wise/act wise, BS-7 and above Act and Province wise and all officials of the Court and Tribunals can be transferred anywhere in Pakistan. He was again transferred to Banking Court No. IV Karachi to the Court of Drug Court, Karachi on 18.08.2016 and finally was further transferred to the Accountability Court-III Karachi, on 31.07.2018. Since then he is serving as Reader. His service record is unblemished and there is no minor or major punishment at his credit and that his ACRs are intact and perfect.
On 21.06.2019, FPSC circulated Recruitment Rules for the post of Registrar (BS-17) for Banking Court, Special Courts (Offences in Banks) & Drug Court serving in the Ministry of Law under the control of Respondent No. 1 and method of appointment for such post stated for personnel being eligible Reader (BS-14), eight years service at his credit as Reader in B-14 in Banking Court and Special Court (offences in Banks) and the post of Registrar (B-17) was created through the such Notification and promotion quota was fixed at 50%, whereas, the initial appointment 50% quota was reserved for that cadre.
The appellant fulfilling the condition for promotion to the post of Registrar (B-17) while working as Reader (B-14) on 05.07.2019, through proper channel, sent his application to the Respondent No. 1 for considering his case for such promotion duly forwarded by the Presiding Officer on 05.07.2019.
On 10.12.2018, a circular was issued by the Respondent No. 1 through which Reader (B-14) was stated to be eligible for the post of Registrar (B-17) for Accountability Court having ACR five years no disciplinary action pending having 2nd class/grade 'C' LLB are equivalent qualification. The Respondent No. 1. Here we would like to reproduce the contents of representation dated 05.07.2019 sent by the appellant to the Law Ministry as under: "We are fortunate enough to have your appointment as Chairman by the Hon'ble Secretary, Law and Justice Division to resolve the issue of seniority of employees of Special Courts/under the administrative control of 'Law and Justice with all powers to make recommendations and ensuring preparation of seniority lists of the employees.
Honourable Sir, I am permanent employee of Ministry of Law Justice, Government of Pakistan, governed under Civil Servant Act, 1973 and Rules made thereunder permitting this representation.
Respected Sir, as a necessary back ground it is submitted that I was initially appointed as Junior Clerk in Grade-5 vide office order No. A/3986 of 1981 dated 03.09.1982 and joined my duties on 14.09.1981. Later on vide office order No. F.14(4)86-AII dated 23.12.1989 was appointed as Reader BPS- 10 in the Court of Special Judge (Central-II) Karachi through proper channel. Since then till date I am working as Reader and presently is posted in Accountability Court No. III, Karachi.
Hon'ble Sir, as Reader I have served in various Courts under the control of Federal Ministry of Law and Justice (present and past) and has/had unblemished service record of thirty seven (37) years nine (09) months, whereas I will attain the age of superannuation on 08th day of June, 2021 but still date I am Reader without no promotion since 23rd December, 1989.
Sir, it is pertinent to note that as per recent pay slip for the month of May, 2019 issued by the A.G.P.R.
Sub-Office, Karachi I am shown in Employment Category of "Active Temporary", therefore, I am also enclosing herewith the attested copy of my entire service book wherefrom it could be easily verified that after completion of ten (10) years and 25 years qualifying service A.G.P.R. Sub-Office Karachi verified it in my service book. The monthly payment advice slip for the month of June 2019 (attested copy enclosed) would reveal total service of thirty seven (37) years, nine (09) months land eighteen (018) days as well as entry into Govt. Service is on 14.09.1981 (14th September, 1981).
In View of the above it is most respectfully submitted that my case of promotion on seniority-cum- fitness basis may kindly be considered on priority basis before my retirement on humanitarian grounds in greater interest of federal service."
The Respondent No. 1 on 22.07.2019 circulated another letter in respect of promotion of Reader (B- 14) to the post of Registrar (B-17) and it was stated that request of the appellant shall be considered subject to the condition, the applicant fulfil the required criteria for promotion. Para-2 of the letter dated 22.07.2019, issued by the Ministry of Law and Justice, being relevant, is reproduced as under: "2. In the light of above Recruitment Rules the Readers (BS-14) of Accountability Courts having prescribed qualification are eligible for promotion against the post of Registrar (BS-17X Accountability Courts. Therefore, the request of Mr. Akbar Noor, Reader (BS-14), Accountability Court-III, Karachi for promotion against the post of Registrar (BS-17) will be considered once he fulfils the required criteria for promotion".
On 08.06.2020, a seniority list was circulated by the Respondent No. 1 for the employees working in Federal Courts/ Tribunals, wherein name of the appellant is shown at Serial No. 1. On 23.07.2020, the appellant sent his representation for consideration of his case for promotion to the post of Registrar (B-17). The Respondent No. 2 on 28.08.2019 sent complete filled in proforma in respect of appellant to the Respondent No. 1 for consideration of his case for promotion to the post of Registrar, but the same was declined vide the appellate rejection order, supra. Hence this appeal.
3. In its comments, the Respondent No. 2 had stated that it had been made as proforma party and since no relief has been claimed, but it was stated that vide order dated 23.12.1989, appellant was appointed as Reader BPS-10 in the said Court through proper channel, however, he was transferred from that Court vide order dated 07.12.2012 and that during the said period of his posting, nothing adverse was reported against him nor any inquiry was pending.
4. The Respondent No. 1 Ministry of Law and Justice also furnished its comments and stated that the Recruitment Rules for the post of Registrar in Banking Courts and Special Courts were notified vide S.R.O. No. 859(1)/2019 dated 09.07.2019. It was also submitted that the appellant has not fulfilled the requisite qualifications/ conditions for promotion to the post of Registrar under the Rules notified through SRO dated 24.10.2018, whereby the post of Registrar (BS-17), Accountability Court is to be filled 50% by initial appointment through FPST and 50% by promotion. The eligibility criteria has been mentioned in the comments. It was further stated that seniority of the appellant lies with Special Courts (Central), Sindh where no post of Registrar (BS-17) is sanctioned against which he could be promoted. The appellant was transferred from Special Court (Central), Karachi to other Special courts on administrative exigencies under the said u.o., carrying his seniority in their parent Court. The answering respondent vide Letter F.No. 13(10)/2006-A.II (Vol-V) dated 08.06.2020 circulated seniority list of Readers, Banking Court, Sindh in which named of the appellant was inadvertently mentioned, however, he is maintaining his seniority in his parent -Court i.e. Special Courts (Central), Karachi, which was clarified and communicated to the appellant accordingly in reply of his representation dated 23.07.2020. Whether any revised list was issued, thereafter, not made known to us.
5. At the very outset, the learned counsel for the appellant argued that since the appellant has retired from service on 08.06.2021, during pendency of this appeal, his case may be referred to FR- 17(1) committee for consideration of his case for promotion to the post of Registrar (B-17) and in support of his contention, places reliance on 2021 SCM R 1266, 2011 SCM R 1722, orders of the Hon'ble Supreme Court dated (1) 03.05.2021 in C.P.No.361-K/2019, (2) dated 08.11.2019 in Civil Petition No. 286 of 2017, (3) dated 09.082016 in Civil Petition No. 198-K of 2016, Judgments of this Tribunal dated (1)
04.05.2021 in Appeal No. 187(K)CS/2015 and (2) 09.01.2019 in Appeal No. 79(K)CS/2017. The learned AAG relied on the comments of the respondents.
6. Here we like to quote the observations of the Hon'ble Supreme Court recorded in order dated 03.05.2021 passed in C.P. No. 361-K/2019 as under: "The case of the petitioner simply is that the posts of the Superintendent fell vacant much before the petitioner, along with others was promoted to such posts and admittedly the delay occurred because certain formalities could not be fulfilled by the relevant department, and thus the petitioner was deprived of his promotion as and when it became due. He submits that the committee formed under FR 17 is competent to examine as to whether the petitioner can be promoted from the date the post to which he was later promoted fell vacant or not. Indeed the petitioner is correct in his submission that under the law his case can be considered by the FR committee. We would, therefore, disposed of instant petition with direction to FR Committee to consider the petitioner's case for antedated promotion as is being sought by him".
7. In view of the discussion, as above, and keeping in view of observations of the Hon'ble Supreme Court, we are convinced with the arguments of learned counsel for 'the appellant and thus direct the respondents to send the case of appellant to the FR-17 committee for consideration of his case for ante-dated promotion to the post of Registrar (B-17) in accordance with law and decide the same preferably within a period of six months. Appeal is disposed in the above terms with no order as to costs.
8. Parties be informed accordingly.