JUDGMENT CH. MUHAMMAD SARWAR, MEMBER PUNJAB SERVICE TRIBUNAL - Appeal u/S. 4 of the Punjab Service Tribunal Act, 1974 against order dated 18.5.1995 vide which the respondent No. 4 Ejaz Ahmad, Sub Engineer junior to him was granted selection grade in BD-16.
Briefly stated the facts leading to the appeal are that both the appellant and respondent No. 4 are Sub Engineers in BS-11. 25% of the seats of Sub Engineers are in Selection Grade-16. Sub Engineer in BS-11 who have 10 years service and passed the departmental examination are eligible for grant of selection grade BS-16. The appellant is senior to the respondent No. 4 and he passed the departmental examination in January, 1993 i.e. About 2 years before awarding the selection grade to the respondent No. 4 vide impugned order dated 8.5.1995. The appellant was not granted selection grade because the respondent No. 4 has passed the departmental examination prior to the appellant. The appellant preferred departmental appeal/representation against order dated 8.5.1995, Commissioner Bahawalpur recommended a case but it was not rejected by the respondent No. 1. Hence, this appeal.
2. I have heard the learned counsel for the appellant. District Attorney and have perused the record and written objections submitted by the respondents.
3. Learned counsel for the appellant argued that the Sub Engineer in BS-11 who have passed the departmental examination and have 10 years service are eligible for grant of selection grade. The selection grade is to be granted on the basis of seniority-ON/n-fitness. Before passing the impugned order dated 8.5.1995 the appellant has passed the departmental examination. He was thus eligible for grant of selection grade. Respondents in their written objections stated that respondent No. 4 passed the departmental examination in 1991 but the appellant passed the departmental examination in 1993. He was thus granted selection grade prior to appellant.
4. The appellant Ghulam Safdar Butt is senior to Ijaz Ahmad respondent No. 4. The impugned order dated 8.5.1995 vide which the respondent No. 4 was granted selection grade BS-16 was passed on 8.5.1995. The appellant passed the departmental examination in January, 1993. He was thus also eligible of grant of selection grade on 8.5.1995. The respondents have wrongly ignored him for grant of selection grade.
5. The appeal is, therefore, accepted, impugned order dated 8.5.1995 is set aside. The appellant is entitled for grant of selection grade i.e.f 8.5,1995. The respondents are directed to call the meeting of departmental promotion committee and place the case of the appellant for grant of selection grade before the Committee for decision.