' MUHAMMAD AYUB KHAN (MEMBER).---Facts of the appeal, as appear from the record, are that the appellant was appointed Superintendent (Accounts) in B-16 in the National Highway Authority on 10-3-1987 whereas respondents Nos.2, 4 and 5 were originally employees of the National Highway Authority Board but later on a Seniority List of Superintendents was issued/circulated under letter dated 21-5-1995 vide Annexure-A (Page-10) and copy of the Seniority List is annexed as Annexure- A/I (Page-II) in which name of the appellant amongst the Supeiintendents (Accounts) appeared at Serial No,5 whereas the name of respondent No,2 was shown at serial No, 6 while that of respondent No,4 at Serial No, 7 and respondent No,5 shown at Serial No,8 while respondent No,3, namely, S. Hassan Amar was not figured in the Seniority List as at that time he was not holding the post of Superintendent (Accounts). However, later on respondents Nos. 2, 4 and 5 were promoted to the post of Assistant Director (Finance) in B-17 alongwith S. Hassan Amar, respondent No,3, who was alien in the cadre (also promoted) with others on 22-8-1995 while ignoring the appellant who was senior amongst 'all. A copy of the promotion order dated 22-8-1995 is Annexure-B at Page-12.
The appellant was posted at Quetta when promotion order was made on 27-8-1995. He made a representation against respondents Nos. 2 to 5 on 17-9-1995 vide Annexure-C at Page-13.
2. It appears that the seniority list dated 21-5-1995 was provisional for the reason that subsequently a final Seniority List was circulated on 10-9-1997. In the departmental appeal dated 26-9-1997 a prayer was made for placement amongst the Assistant Director (Finance) in B-17 by promotion being senior to rest of the respondents and the appellant pursuant to his representation dated 27- 9-1997 got the following reply:-- "Your promotion B-17 which was deferred by the DPC held in 1995. However, your case will be considered in the DPC to be held in future."
' A copy of the reply (Annexure-F/1) is available at Page 21 of the file which does not contain any reason whatsoever for his deferment by the DPC and it, in the absence of the valid reasons smacks of many things, including rnala fide and discrimination/condemnation unheard and to this effect serious exceptions have been taken by the appellant. However, a perusal of the record indicates that respondents Nos.2 to 4, namely, Muhammad Aslam, S. Hasan Amar and Nawab Ali Kalwar, Assistant Directors (Finance) have filed para-wise comments whereas rspondent No,1 (i,e, the Chairman, National Highway Authority, Islamabad), and respondent No, 5, Muhammad Iqbal, Assistant Director (Finance), National Highway Authority, have not contested the appeal.
3. We have heard the learned counsel for the parties (appellant and respondents Nos.2 and 3) besides perusing the record. No serious objections appear to have been raised to the appeal except that the objections so raised are of routine nature.
4. A perusal of the record shows that the appellant, after feeling aggrieved by the order dated 27- 8-1995 whereby respondents Nos.2 to 5 were promoted from B-16 to B-17 with effect from 22-8- 1995, preferred a departmental appeal on 17-9-1995 which appears to be ample within time.
However, a final seniority list dated 10-9-1997 was circulated, which is available at Pages 15 and 16 of the file, against which he preferred a second departmental appeal on 26-9-1997'which is also well within time. It was, however, rejected on 26-2-1998 and against which the service appeal was filed on 25-3-1998 which is also found within time.
5. A scrutiny of the Seniority List, available at Page-11, indicates the following seniority of the appellant as well as the respondents in B-16: {{TABLE}} SI.
No, Name of the Officer Designation/ BPS Date of initial appointment Allah Dad Khan Superintendent (Appellant) (Accounts) (B-16) 10-3-1987 Muhammad Aslam, (Respondent No,2) 18-9-1988 Nawab Ali Kalwa, (Respondent No,4) 2-4-1987 Muhammad Iqbal, (Respondent No,6) 18-11-1989 S. Hassan Amar (Respondent No,3) (B-16) 22-12-1988 {{TABLE}} ' A perusal of the aforesaid Seniority List indicates that the appellant ranks senior to the respondents but it appears that he was purposely ignored from promotion to B-17 without any reason whatsoever as is evident from the impugned order dated 26-2-1998, (available at Page-21, Annexure-F/1), which reads: "Subject :Appeals/Representations Against Seniority list of NHA Employees Issued on 10th September, 1997.
' Reference your appeal/representation dated 27-9-1997 on the above subject.
' Your promotion to BS-17, which was deferred by the DPC held in 1995, your case will be considered in the DPC to be held in future."
' This order is devoid of substance and law. It is a bald order and not speaking one as per the pronouncements of the superior Courts, the latest being contained in PLD 1998 Lahore-1 read with section 87-A of the General clauses Act wherein it has been laid down that every administrative and judicial order must be speaking one/well-reasoned but in the instant case the order dated 26- 2-1998 is devoid of all legal requirements and as such cannot be authenticated/supported in any case. It is a void order and actually smacks of mala fide on the part of so-called DPC. Every departmental authority whatever it may be styled is legally bound to do justice at the door step of the incumbents/holders of certain posts. To ignore and deprive a civil servant from his right, pertaining to any statutory right, inclusive of promotion is - height of injustice which, in no way, is justified under any norms/rules. Had the appellant not been ignored at the relevant time by the DPC he would definitely have been promoted from the same date and thereby would have been ipso facto, under operation of law, become senior to the respondents. It is not only simply an injustice but is a glaring and daring one, based on high-handedness of the so-called DPC.
6. Pursuant to the aforesaid discussion the appellant appearing senior in the lower grade (i,e, B-16) to rest of the respondents is declared/promoted from the date his juniors were promoted by order dated 27-8-1995 effective from 22-8-1995 with all back benefits and in this respect a formal notification about his promotion shall be issued immediately and a copy of which should be provided to this Tribunal for information. The appellant is also awarded special cost of Rs, Ten Thousand (Rs,10,000) which will be paid by respondent No,1 (i,e, the Chairman, NHA) under section 35-A, CPC as amended by Civil Law Reforms Act, 1994. All the concerned be informed accordingly.