MUHAMMAD AFZAL, MEMBER-III.- The appellant is S.S.T, with additional qualification of double M.A.
And, therefore, apparently fit for promotion as Subject Specialist in his turn. His turn for promotion matured in 2000 alongwith his juniors, respondents Nos. 3 and 4 but he was ignored for promotion as Subject Specialist on the sole ground that he was appointed as S.S.T, in District Jhelum but stood transferred to. District Gujrat at his own request and thus lost his basic seniority as S.S.T, on the basis of which he could have been promoted as Subject Specialist.
2. Learned counsel for the appellant has argued that seniority of S.S.T, is to be considered at provincial basis for the purpose of promotion as Subject Specialist/BS-1 7 and not on the basis of District seniority because promotion as Subject Specialist is allowed by the Government and not by the Divisional or District authority, It is further maintained that the department could not invent its own novel rules of seniority in order to deny promotion to one person and allow the same to another, It is also maintained that seniority for S.S.T, is to be considered at provincial level for the purpose of promotion, and therefore, it is immaterial whether any S.S.T, was transferred from one district to another and in the case of the appellant transfer to Gujrat had taken place no doubt at his own request but in this way his provincial seniority as S.S.T, could not be affected.
3. Learned District Attorney has opposed the appeal pointing out that promotion of the appellant was not processed as Subject Specialist mainly for the reason that he had opted for transfer to another district in 1984. It is also argued that promotion could not be claimed as of right under the rules.
4. I have considered the arguments from both sides. Learned District Attorney admits that posts of Subject Specialist are filled by promotion on provincial 'basis and, therefore, of necessity, the seniority of S.S.Ts, has also to be determined at provincial level and not at the District or Divisional level because the appointing authority in the case of the Subject Specialists is not a District or Divisional authority. Therefore, it is quite obvious that the appellant could not have been deprived of his chance of promotion in turn in accordance with his date of appointment as S.S.T, because irrespective of his temporary transfer from one District to another at his own request or otherwise, his seniority had to be taken and considered for promotion at provincial basis. This being the factual position under the law the appellant could not be denied his right of being considered for promotion as Subject Specialist alongwith his juniors. Appeal is accordingly accepted and it is ordered that the appellant shall -be considered for promotion as Subject Specialist with effect from the date the same was allowed to his juniors in accordance with his original date of appointment as Subject Specialist.