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1995 SCMR 986

ALI AHMAD vs DIRECTOR (ADMN.) FIA, and others

Citation1995 SCMR 986
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 365-L of 1993
Date1994-05-15
Judge(s)Manzoor Hussain Sial, Saad Saood Jan
ResultLeave refused

ORDER

' MANZOOR HUSSAIN SIAL, J.---Ali Ahmad, petitioner seeks leave to appeal from order dated 28-1- 1993 of the Federal Service Tribunal (hereinafter referred to as the Tribunal) whereby the appeal filed by him was dismissed.

2. The petitioner was promoted as Head Constable F.I.A. On 1-8-1983. He was proceeded against departmentally and on 21-2-1984, was awarded minor penalty of withholding one increment with accumulative effect on 21-4-1985, he was also reverted to the rank of Constable. He filed appeal before the Tribunal challenging the order of his reversion and the department had to withdraw the order of his reversion on 7-9-1989.

3. On the withdrawal of the order of his reversion and after some time the petitioner was sent to Intermediate Training Course and was promoted as A.S.I. On 11-5-1992. The petitioner made representation for restoration of his original seniority with effect from 1-8-1983 as Head Constable and claimed pro forma promotion as A.S.I. From 1987 when his juniors were promoted. His representation was rejected.

4. Aggrieved by the aforesaid order of the departmental authority, the petitioner filed appeal before the Tribunal which was dismissed on 28-1-1993, being barred by time as well as on merits.

5. In support of this petition learned counsel for petitioners contended that the relief claimed in the original appeal and the amended appeal being the same the appeal could not have been dismissed on the point of limitation. It was also contended that once the order of reversion of the petitioner was withdrawn by the departmental authority his original seniority revived and he was entitled to promotion as A.S.I. From the date his juniors were promoted.

6. We have considered the submissions made by the learned counsel and find that there is substantial force in the first submission that when the amendment in the appeal was allowed the limitation was not computed from the date of amendment but from the date the original appeal was filed before the Tribunal. We find, however, that the contention raised by the petitioner on merit is devoid of substance. The petitioner could only be promoted after he had undergone successful Intermediate Training Course. Admittedly, he qualified the training course in December, 1990, he was, therefore, due for promotion thereafter. He was promoted as A.S.I. On 11-5-1992 after he had passed the training course, he, therefore, cannot claim pro forma promotion prior to the abovementioned date.

5. The order of the Tribunal on merit, therefore, suffers from no legal infirmity so as to call for interference by this Court. This petition being without merit is dismissed and .

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