1. ' SH. RIAZ AHMAD, J.---This appeal through leave of this Court is directed against the judgment and order dated 20-5-1993 whereby it was held that the appellant who had initially been appointed on work-charge basis, on repatriation to WAPDA could not claim pro forma promotion because such pro forma promotion could only be given to the regular employees.
2. The facts giving rise to the institution of this appeal in brief are that the appellant was employed by the respondent WAPDA in Machinery Pool Organization as Junior Research Officer on work- charge basis for the duration of a specific project of Sargodha Airfield Work with headquarters at Faisalabad. The terms and conditions contained in the letter of appointment are reproduced hereunder:-- "Mr. Nazir Ahmad son of Ahmad Hassan is hereby appointed as Junior Officer (Testing and Progress) as work-charged contract at Rs,500 per men sum in the scale of Rs,400--1,000 for duration of Sargodha Air Field work M.P.O. With the Headquarters at Workshop, Lyallpur.
2. ' His services shall stand terminated on the completion of above work or earlier at any time without notice if his work and conduct found unsatisfactory.
3. ' He will be entitled to such facilities as admissible to this category of staff under the orders of the Authority.
4. ' He should report for duty to Workshop Officer, Machinery Pool Organization, WAPDA, Lyallpur. No T.A. Etc. Will be admissible in resuming this job."
5. ' The appellant kept on performing his duties under the respondent-Authority in the Machinery Pool Organization when a decision was taken to transfer the entire staff to Mechanised Construction of Pakistan Ltd. On deputation with effect from 1-9-1974. The policy governing such deputationists is reproduced hereunder:-- "WAPDA employees, serving on deputation with M.C.P.L., shall, on repatriation from M.C.P.L., be accepted and posted in WAPDA. In case where it is found that their juniors have already been promoted in WAPDA, then they will be considered for pro forma promotion, without financial benefits with retrospective effect, by the relevant Selection Board, provided they fulfill the qualifications and the criteria prescribed by WAPDA in relevant Service Rules, instructions/orders.
6. This will be subject to the condition that they shall have to pass the professional/promotion examination, where prescribed in WAPDA Rules for its employees for being eligible for promotion, within three years of such pro forma promotion. In case of their failure to do so, they shall be reverted to lower posts in the relevant Cadre."
7. ' The appellant continued working in the Mechanised Construction of Pakistan Ltd. And on its liquidation all the staff belonging to Machinery Pool organization of WAPDA was repatriated. On repatriation the appellant was appointed as Junior Research Officer vide office order dated 16-2- 1987 and he took over the charge on 19-2-1987. The appellant was given seniority with effect from 19-2-1987 i,e, the date of re-joining. The appellant started agitating against the decision and his plea was that he should have been given seniority with effect from 12-11-1972, the date on which he was initially appointed with the respondent-Authority. It was also pleaded by the appellant that number of persons junior to him in service have been promoted to higher grade, therefore, he should also be promoted from the date his juniors were promoted. Representation made by the appellant proved to be futile and, thus, he invoked the Constitutional jurisdiction of the High Court under Article 199 of the Constitution and the High Court vide its order dated 10-3-1990 directed the respondent authority to take a decision on the representation/appeal, which was undisposed.
8. Before the High Court it was also pleaded by the respondent WAPDA that the appellant had invoked the jurisdiction of the High Court with a view to escaping the bar of limitation. The High Court left this matter for the determination of the Federal Service Tribunal. The respondent WAPDA by order dated 6-6-1990 rejected the appellant's representation in the following terms:-- "The request of Mr. Nazir, Research Officer (Soil Chemist) for fixation of his seniority with effect from 12-11-1972 in the field of Soil Chemist cannot be acceded to. He has been given seniority from 19-2- 1987 the date on which he was posted in the said field on repatriation from M.C.P.L."
9. ' This order was received by the appellant on 17-6-1990 and the appeal was filed in time. Before the Service Tribunal preliminary objection as to the limitation was raised by the respondent-Authority but the same was repelled by the Tribunal on the ground that if at all such representation/appeal was barred by time, then the authority should have rejected the same on the said ground and not on merits and, therefore, such plea was not available to the respondent before the Tribunal.
3. We have heard the learned counsel for the parties at length and we have noticed that initial appointment on work-charge basis cannot operate as a bar to the case of the appellant for conferment of pro forma promotion. After initial appointment the services of the appellant were transferred to the Mechanised Construction of Pakistan Ltd. And after its winding up the services of the appellant were repatriated subject to the condition that such employees will be considered for pro forma promotion without financial benefits with retrospective effect by the relevant Selection Board provided they fulfill the qualifications and the criteria prescribed by WAPDA in relevant Services Rules, instructions, orders etc. And subject to the passing of an examination if so prescribed. The appellant was appointed as far back as November, 1972 and ultimately as stated above, he was repatriated in 1987 and is working till date. Continuous service of the appellant since 1972 till date cannot by any stretch of imagination, be considered as service on work-charge basis.
10. The initial letter of appointment clearly reveals that the services of the appellant shall stand terminated on the completion of the above work or earlier at any time without notice if his work and conduct were found unsatisfactory. The project for which the appellant was appointed on work-charge basis was a specific project for the duration of Sargodha Airfield work. After the completion of the project the services of the appellant were not dispensed with, but he continued to work in the Mechanized Construction of Pakistan Ltd. And then he was considered as a deputations and was allowed to resume his duties on such repatriation and was also given seniority with effect from 19-2-1987. In this view of the matter, we are not inclined to hold that the appellant remained an employee on work-charge basis, but it will be presumed that he stood absorbed and, therefore, was entitled to be considered for pro forma promotion and the Federal Service Tribunal by overlooking this aspect wrongly dismissed the appeal preferred by the appellant. We, therefore, allow this appeal, set aside the order impugned and direct the respondent-Authority to reconsider the case of the A appellant for pro forma promotion. The parties are left to bear their own costs.