SAJJAD ALI SHAH, J.---Leave is sought to file appeal against judgment dated 25-2-1993 of the Federal Service Tribunal, whereby appeal of respondent is allowed to the extent that his case should be considered by the petitioners for promotion in BPS-17 on the basis of Diploma in Technology of Drafting and Designing possessed by him.
2. It is further submitted on behalf of the pc6tioners that respondent was inducted in service as Field Attendant in 1975 and later appointed as Sub-- Engineer in BPS-10. He passed departmental promotion examination in 1985 and was placed in BPS-16 but could not be accommodated as there was no post of Assistant Engineer available for promotion of Sub-Engineer having Diploma in Technology of Drafting and Designing. Representation of respondent was dismissed and Service Tribunal on his appeal gave decision favourable to him.
3. Leave is granted to consider contentions raised on behalf of the petitioners firstly that respondent is not eligible to be promoted as Assistant Engineer, Civil or Mechanical, as he does not hold diploma in anyone of the technologies as contemplated under Rule 5(2)(a)(ii)(iii) of Pakistan WAPDA (Water Wing) Service of Engineers Rules, 1968. Secondly, placement in BPS 16 did not qualify respondent for promotion in the absence of diploma in the relevant technology in which vacancy occurred.