' MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal which is directed against the judgment dated 15-8-1994 passed by the Federal Service Tribunal, Islamabad arises from the facts that Muhammad Jaafar (respondent No,4) was appointed as Constable in the technical Branch of F.I.A., Islamabad on 30-5-1977, whereas Mian Muhammad Aslam (petitioner) joined the service of F.I.A. (investigation/crime/executive group) as Constable on 9-11-1978. In the combined provisional seniority list of Constables of F.I.A., the.Name of Muhammad Jaafar (respondent No,4) appeared at Serial No,20 and the name of Mian Muhammad Aslam (petitioner) at Serial No,39. It so happened that on 16-1-1994, Mian Muhammad Aslam (petitioner) was promoted as Head Constable. Feeling aggrieved, Muhammad Jaafar (respondent No,4) filed an appeal before the Director-General F.I.A.
On 21-4-1994, he received reply to the effect that he was at Serial No,5 in the seniority list of the Constable of Technical Wing of F.I.A. Headquarters and will be considered for promotion on his turn.
So, he filed appeal before the Service Tribunal which was accepted on 15-8-1994 declaring that he (Muhammad Jaafar) being senior to Mian Muhammad Aslam (petitioner) had preferential right of promotion as Head Constable.
2. Learned counsel for the petitioner contended that the petitioner belonged to investigation wing of F.I.A. While respondent No,4 was serving in the Technical Wing, which formed different cadres under the Service Regulations. The learned counsel specifically relied on rules 12 and 13 of the Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975, which read as under:--
12. For the purposes of promotion, direct appointment and transfer the posts in the Federal Investigating Agency will be placed in the following groups, namely :
(i) Investigation.
(ii) Accounts.
(iii) Customs.
(iv) Income-tax.
(v) Engineering.
(vi) Legal.
' These groups may, for the smooth administration of the Agency and with the prior approval of the Federal Government, be added to or modified as may be considered appropriate by the Director- General.
13. (1) Appointments by promotion shall ordinarily be made within the Groups Mentioned in rule 12 by promotion of officers and staff working in the next lower Grade or rank on the recommendation of the appropriate Departmental Promotion Committee or the Central Selection Board, as the case may be.
(2) Only those persons who are employed on regular basis in the Agency shall be considered by the Departmental Promotion Committee for promotion.
(3) Persons appointed in the Agency by transfer can be considered for promotion only after they have been selected to serve the Agency on regular basis."
Learned counsel for the petitioner accordingly contended that the petitioner and respondent No,4 having been placed in different cadres, the promotion of petitioner could not be affected by reasons of respondent No,4 being senior in service.
3. The above contentions raise questions of law of public importance and we accordingly grant leave to appeal to consider the same.