' AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 17-7-1991 passed by the learned Federal Service Tribunal, Camp at Karachi, hereinafter referred to as the Tribunal, in Appeal No,158(K) of 1986, filed by the respondent against the denial of giving him upgradation by the petitioners in BPS-17 with effect from 8-8-1983, allowing the same and ordering that the upgradation of the respondent to the above Grade shall be reckoned from 8-8-1983 and he would be entitled to Court his seniority as such.
2. The brief facts are that the respondent was appointed on regular basis as an Economic Investigator in the Tariff Commission on 1-5-1970. The above post was upgraded to Grade-16 with effect from 15-8-1972. The respondent was subsequently absorbed as an Economic Investigator in the Export Promotion Bureau, Ministry of Commerce, with effect from 1-1-1978. It seems that through a Memorandum dated 8-8-1983 issued by the Planning and Development Division's office, the posts of Economic Investigator and Statistical Investigator were upgraded from Grade-16 to Grade-17. It further seems that by a notification dated 18-11-1984 issued by the Export Promotion Bureau, M/s. Muhammad Mohsin, Amir Jan and Abdul Rehman, who were respondents Nos3 to 5 in the above service appeal and are not made parties in this petition, were upgraded as Research Officers (Grade-17) with effect from 8-8-1983. It may also be stated that by a notification dated 19- 2-1986 issued by the Ministry of Commerce, the respondent and twelve other Economic Investigators (Grade-16) were promoted to the upgraded re-designated posts of Research Officers (Grade-17) in the Export Promotion Bureau with immediate effect. The respondent made representation dated 30-3-1986 for ante-dating of his promotion/upgradation to BPS-17 with effect from 8-8-1983, which benefit was granted to the above three officers, but the same was rejected on 1-7-1986. Thereupon, the respondent filed the aforesaid appeal. He had also filed Service Appeal No,100(K) of 1986, which is not in issue in the present case and which was dismissed by the Tribunal.
The present Appeal No,158(K) of 1986 was allowed in the above terms. The relevant portion of the impugned judgment reads as follows:- "The contention of the appellant is that since he possessed requisite qualifications for upgradation to BPS-17 on the day the first notification of upgradations was issued on 8-8-1983, as it was done in the case of the respondents 3, 4 and 5. His contention has been supported in the written objections in paragraph 12 filed on behalf of the respondents 1 and 2.. The appellant has placed on record the notification dated 18-11-1984 whereunder the respondents 3, 4 and 5 and the posts held by them were upgraded to BPS-17 with effect from 8-8-1983. Since the appellant also fulfilled the requisite conditions for his upgradation to BPS-17 on 8-8-1983, there was no reason for denying him upgradation with retrospective date when other incumbents of the posts, namely the respondents 3, 4 and 5 were allowed upgradation from the date of the first notification dated 8-84983."
' The petitioners have, therefore, filed the above petition for leave to appeal.
3. In support of the above petition, Mr. Niaz Ahmad Khan, learned counsel for the petitioner, has vehemently contended that since the respondent did not have Master's Degree, he was not entitled to the above benefit under notification dated 8-8-1983 in view of the amendment made by Memorandum No,8/81/80-D.I./R.I dated 7-11-1984 issued by the Government of Pakistan, Establishment Division.
4. The above contention seems to be devoid of any force as the aforesaid Memoramdum dated 8- 8-1983 did not contain any condition to the effect that only those Economic Investigtors and Statistical Investigators who had Master's Degree, would be entitled to the benefit under the above said notification. The subsequent amendment made on 22-114984 cannot nullify the benefit which was granted to the incumbents of the above two posts.
5. Even otherwise, the present petition does not involve any question of law of public importance as to warrant interference by this Court. The impugned judgment seems to be just and equitable, as the above three incumbents were granted the above benefit with effect from 8-8-1983 though their notification of upgrading them was of a subsequent date. The respondent possesses two Degrees, namely, B.Com and LL.B. The petition has no merits . Leave is, accordingly, refused.