1. ' ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal dated 1-8-1987 by which respondent's appeal was allowed with the direction that he "is entitled to be granted Grade-16 as a qualified and/or unqualified sub-Engineer, without any reservation.
2. ' Facts of the case briefly stated are that respondent joined service on 2012-1968 as a Surveyor under the petitioner-Authority. At that time he had put in one year service in the Government School of Engneering, Rasool (Punjab) but had not completed the prescribed period of two years' service for Overseers Certificate Course. He however cleared a diploma course in Civil Engineering from the School of Electricians, Lahore in 1973 and was appointed as Overseer (Civil) with effect from 11-11-1974. On 22-2-1984 he made an application that having completed 10 years service, he was eligible for upgradation in BPS-16. His request was rejected under letter dated 23-7-1985, and being aggrieved thereby, he filed an appeal to the Service Tribunal which was allowed by the impugned judgment dated 1-8-1987, as stated above.
3. Mr. Muhammad Sadiq Abbasi, learned counsel appearing in support of the petition submits that the Federal Service Tribunal has failed to appreciate that the respondent's appeal was barred under section 4 of the Act as he had failed to file a departmental appeal or review against the impugned order dated 23-7-1985. In this behalf, learned counsel pointed out that the order dated 23-7-1985 was not an order passed on an appeal but on the original representation made by respondent. Learned counsel further pointed out that the Service Tribunal has also failed to appreciate that even if the appeal was competent for the sake of argument, it was barred by time and ought to have been dismissed on that ground alone. On merits of the case, learned counsel pointed out that the School for Electricians Lahore was recognised only for Electrical Course, and not for the others, namely, civil mechnical etc. And respondent not being a person qualified under the rules could not be considered for promotion or appointment in Grade-16.
4. ' The points raised by the learned counsel deserve consideration. We, therefore, after condoning the delay grant leave to appeal and allow the petition.
5. ' Appeal will be heard on the present record but the appellant is directed to file all the necessary documents.
6. ' The operation of the impugned order is stayed till appeal is decided.