1. S. USMAN ALI SHAH, J: --Leave to appeal has been sought by the petitioner against the order of the N.-W.F.P. Service Tribunal dated 30-10-1988, arising out of a service matter wherein, the petitioner was promoted as Assistant Professor (BS-18) w.e.f. 12-2-1974 and his name was placed at S.No.4 of the seniority list amongst other incumbents. After having served as such for 7 years he was eligible for promotion to (BS-19) w.e.f. 12-2-1981 and his name was recommended by the competent Authority against an existing vacancy but his case was kept pending and a similar case of Dr. Muhammad Hanif Qureshi was allowed with retrospective effect i.e. From 15-5-1980, vide Government Order No. SO(H)1/11-52/83 dated 16-12-1985. The petitioner's case was then taken up and he was promoted as such with immediate effect i.e. From 19-5-1984 vide Notification No. S.O.
(H) 1/1-64/83 dated 19-5-1984 and retrospective effect was not given in his case. Departmental representation of the petitioner was rejected vide letter No. SO(H)/1-68-83 dated 26-8-1987 and his subsequent appeal before the N.-W.F.P. Service Tribunal was also rejected vide order dated 30-10- 1988. Hence this petition for leave.
2. We have heard the learned counsel for the petitioner and have gone through the impugned findings of the Tribunal. In support of this petition the learned counsel contends that in the same department a senior officer is to be considered for promotion in preference to his juniors. The case of the petitioner was kept pending, while respondents Nos. 3 and 4 in the meanwhile were promoted without considering the name of the petitioner and on his promotion he should have been promoted from retrospective effect i.e. From 12-2-1981 as was done in the case of similar nature of Dr. Muhammad Hanif Qureshi. The promotion given to the petitioner with immediate effect i.e. From 19-5-19.84 thus superseded him by the respondents Nos. 3 and 4.
3. After hearing the learned counsel we have come to the conclusion that it is a fit case for further consideration. Leave to appeal is granted.
4. Appeal is to be made ready on the present record with permission to parties to file additional documents.