MANZOOR HUSSAIN SIAL, J.- Pervaiz Aziz, a Diploma-holder Junior Engineer, Wapda was approved by the Selection Board on 29.1.1977 for promotion as Senior Engineer (Executive Engineer), out of 15% quota reserved for promotion for Diploma-holder Engineers. He, however, could not secure his posting and instead number of other Graduate Engineers who were junior to him were promoted and posted. He made several representations but the last one was rejected on 18.6.1984 which led him to file an appeal before the Federal Service Tribunal which also failed on 26.3.1989. Thereafter he invoked the Constitutional jurisdiction of this Court by filing W.P. No, 3737/89 in person which was later on withdrawn on 28.5.1990. He therefore filed the present writ petition challenging the impugned order of the Wapda authorities for declining to promote and post him.
2. Learned counsel for petitioner submitted that in the meantime the petitioner retired from service and if this petition succeeds he will be entitled only to monetary benefits. It was also submitted that at the relevant the the vacancies reserved for Diploma-holder Engineers were available and one Hamid Ullah Diploma holder Engineer who was one step senior to him was posted but the petitioner was ignored for no justifiable reason.
3. Learned counsel appearing on behalf of the respondents pointed out that the Authority on 20.10.1983 imposed a ban on the Diploma-holder Engineers for further promotion as Senior Engineers and only Graduate Engineers were made eligible for further promotion, therefore, the petitioner could not be promoted. He, however, on instructions from Muhammad Siddique Khan, Office Assistant, present with record stated that after 29.1.1977 when the petitioner was approved for promotion and before 20.10.1983 when further promotion for Diploma-holder Engineers was banned the petitioner incurred no disqualification and number of Graduate Engineers junior to him were promoted against the existing vacancies. It is also an admitted position that 15% seats were reserved for promotion from amongst Diploma-holder Engineers.
4. I have considered the submissions made by learned counsel for the parties and have also gone through the documents on record. Undoubtedly the petitioner was approved by the Selection Board on 29.1.1977 for promotion as Senior Engineer. He was, therefore, required to be posted against a vacancy occurring thereafter out of the reserved quota for Diploma-holder Engineers.
Before the amendment was made in the relevant rules banning promotion for Diploma-holder Engineers with effect from 20.10.1983 more than ope vacancy had occurred out of the reserved Quota for Diploma-holder Engineers but no effect was given to the approval of his promotion by the Selection Board without any justifiable cause. The petitioner has reportedly retired in 1990 and thus remained deprived of the status and emoluments to which he was lawfully entitled.
5. In the result this petition is allowed and the petitioner is held entitled to all monetary benefits in holding the promoted post of Senior Engineer after Hamid Ullah in terms of the recommendation made by the Selection Board on 29.1.1977 against first vacancy occurring out of the reserved quota for Diploma- holder Engineers before 20.10.1983 when a complete ban was imposed on the junior Diploma-holder Engineers for further promotion as Senior Engineers by introducing the amendment in the relevant rules by Wapda.
6. There shall be no order as to costs.