S. ABDUL JABBAR KHAN (CHAIRMAN). ---Muhammad Irshad, Draftsman, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Chief Engineer, Building, North Zone, Lahore and the Superintending Engineer, 2nd Provincial Building Circle, Lahore, as respondents.
2. By virtue of this appeal he has prayed that he be considered for the post of Head Draftsman in the office of respondent No.2. The appellant has further prayed that he be ordered to be promoted to the said post of Head Draftsman from the date he was entitled to be so promoted in accordance with his seniority-cum-fitness.
3. Brief facts of the case are that the appellant started service as a Tracer w.e.f. 9-5-1962 in the 2nd Provincial Circle, Lahore. He was promoted as Assistant Draftsman from 4-5-1974 and has been working as such. The appellant was shown senior according to the seniority list of the Draftsman of the 2nd Provincial Buildings Circle, Lahore as it stood on 1-1-1981, as his name was shown at serial No. 5 whereas Muhammad Hanif Anjum, was shown at serial No.6. At the time of promotion the name of three draftsmen were considered including the name of the appellant but he was not considered for promotion and Muhammad Hanif Anjum was promoted as Head Draftsman vide order dated 31-5-1981. Learned counsel for the appellant has further submitted that another seniority list was also issued as it stood on 1-2-1982 and the name of the appellant in this seniority list appeared at serial No.8 whereas Muhammad Hanif Anjum was shown at serial No.9. The appellant made a representation on 6-6-1981, in which he agitated his grievance to the next higher authorities with a cause that for next higher post to which he was entitled according to the seniority-cum-fitness, he had not been accommodated. His appeal was forwarded to the Chief Engineer Office and the same was considered and turned down with the following remarks:- "Mr. Muhammad Hanif has already been reverted as Draftsman and apparently there are no chances of his promotion in near future. Mr. Muhammad Irshad was informed accordingly."
It was further told that he was non-Matric and unqualified, therefore, the appellant was not considered for promotion. Meanwhile Muhammad Hanif Anjum temporary Draftsman was transferred from 2nd Provincial Buildings Circle, Lahore to the Office of Chief Engineer, Punjab Buildings Department, Lahore in public interest against a vacant post, of Draftsman. He was promoted as Head Draftsman against a clear vacancy in the office of Chief Engineer Punjab Buildings Department Lahore, being senior most draftsman in the said office. Hence this appeal.
4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance.
5. Learned counsel for the appellant has submitted that the promotion of Muhammad Hanif Anjum as Divisional Head Draftsman in the Chief Engineer Office infact usuarped the rights of the appellant as he was positively senior to him in the cadre of Circle Office. Learned counsel for the appellant has further pointed out that to block the promotion of the appellant one Hamid Raze Head Draftsman was transferred to 2nd Provincial Building Circle, Lahore, and in this way the promotion chances of the appellant were jeopardized.
6. On the other hand learned District Attorney has submitted that although the appellant was senior to Muhammad Hanif Anjum in the Circle Office but he could not claim seniority over him in the cadre of Chief Engineer Office which was a separate and an independent cadre. While referring to the transfer of Muhammad Hanif Anjum to the Office of Chief Engineer, he has submitted that the same was made in the public interest, therefore, no exception could be taken to the same. He has further pointed out that the appellant was otherwise not eligible for promotion as he did not fulfil the conditions of service like holding of 2-3 years diploma meant for promotion as Divisional Head Draftsman, as held in Board of Technical Education No.BTE/ACD/78-836, dated 20-3-1978 and No. PBTE/ACD-78-1384, dated 18-4-1978.
7. We have given our anxious thought to the arguments advanced by the parties and find that the appellant's appeal was turned down by the Chief Engineer Office letter dated 29-9-1983, with the following remarks:- "Mr. Muhammad Irshad, Draftsman of your office has no claim for promotion of Head Draftsman in this office. However, if he is willing to be transferred to this office, his case can be considered for promotion as Head Draftsman purely on ad hoc basis, as temporary arrangement, as he does not fulfil the prescribed qualification for promotion to the post of Head Draftsman as required under the Rules on the availability of vacancy and in case Government relax the condition for qualification."
In view of the above position we are of the considered opinion that the appellant Muhammad Irshad has no claim for promotion as Head Draftsman in North Zone, Building Department, Lahore.
8. The result is we do not find any merit in this appeal which is dismissed accordingly. There will be no order as to costs. Judgment be communicated to the parties.
A.E. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.