ZIA MAHMOOD MIRZA, J.---Respondent joined WAPDA as Divisional Accountant (Emergency Cadre) on 1-6-1995. Vide office order dated 5-12-1983, he was promoted in the regular scale of Divisional Accountant with effect from 15-3-1975 in relaxation of the provision of Item 7 of Appends "A" of WAPDA Accounts Service Rules. 1968. It appears that by an earlier office order dated 29-10- 1980, the existing regular Divisional Accountants (N.P.S-12) were placed in N.P.S.13. "subject to their having cleared the Departmental Examination prescribed for the post and length of Service and Dossiers being Above Average". By yet another order dated 18-12-1984, 50% of posts in B-13 held by qualified Divisional Accountants were placed in B-15 with immediate effect. By still another order dated 11-11-1993, Emergency Cadre was abolished and it was provided that after the grant of regular scale to Divisional Accountants, "they will become at par with other regular Divisional.
Accountants for grant of seniority/ Selection Grade"
Petitioner was placed in BPS-15 with effect from 25-4-1993 vide office order dated 6-10-1994.
Aggrieved of this order, petitioner approached the Departmental Authority for the grant of BPS-13 as also BPS-15 with effect from 23-12-1978. His departmental appeal was rejected where after he preferred an appeal before the Service Tribunal which has been accepted by the learned Tribunal holding that the petitioner "should be considered as regular Divisional Accountant in the service of WAPDA with effect from 15-3-1975 for all effects and purposes' and, therefore, the condition of clearing the departmental examination stood relaxed in his case and the length of service and annual Reports to, were not the points in issue. The petitioner was, therefore, held entitled to the benefit of B-13 with effect from 29-10-1980. It was further held that since the petitioner had been holding the post of qualified Divisional Accountant with effect from 1975, he was also entitled to the benefit of Selection Grade in B-15 with effect from 18-2-1984 i.e. The date on which 50% posts of B-13 held by qualified Divisional Accountants were placed in B-15. Judgment of the Service Tribunal has been called in question through this petition for leave to appeal.
2. Learned counsel appearing in support of this petition has contended that the relaxation of the condition of passing the departmental examination was for the purpose of regularizing the appointment of the petitioner and it could not be pressed into service so as to entitle him to be placed in BPS-13 with effect from 29-10-1980 which benefit was granted subject to clearing the departmental examination prescribed for the post and length of service etc. Reliance for this submission is placed on the office orders dated 5-12-1983 and 29-10-1980. It is further contended by the learned counsel that the petitioner was also not entitled to the Selection Grade in B-15 with effect from 18-2-1984.
Learned counsel appearing for the caveator/respondent has admitted that the respondent has not passed the prescribed departmental examination till today but he has heavily relied upon the office order dated 5-12-1983 to contend that the respondent had been regularized by the said office order and as such he was not required to pass the departmental examination. Support has also been sought to be drawn by the learned counsel from office order dated 11-5-1981 which only fixed length of five years' service for the purpose of grant of N.P.S-13 to regular Divisional Accountants.
3. Having heard the learned counsel for the parties, we grant leave to consider whether the respondent was entitled to be placed in B.P.S-13 and B.P.S-15 with effect from the dates mentioned in the impugned judgment of the Service Tribunal although he has not passed the departmental examination prescribed for the post held by him.
4. Operation of the impugned judgment shall remain suspended pending the final decision of the appeal which may be heard at an early date on the present record.