PLJ 2010 Tr.C. (Services) 109
[Balochistan Service Tribunal,
Present: Muhammad Hashim Khan Kakar, Chairman,
Naeem Ghalzai &
Muhammad Anwar Khan, Members
IMAM BAKHSH, NAIB-TEHSILDAR, MEKHTAR, LORALAI--Appellant
versus
SENIOR
MEMBER, BOARD OF REVENUE BALOCHISTAN and 3 others--Respondents
S.A. No. 99
of 2009, decided on 9.4.2010.
Balochistan Civil Servants Act, 1974--
----S. 8--Balochistan Service Tribunals Act, 1974, S. 4--Striking off
the name from seniority lists of Qanungs--Entitlement
of proforma promotion as Naib
Tehsildar--Deprived of his due promotion due to sheer
negligence on the part of department--Civil servant was holding the post of Naib Tehsildar on acting/current
charge basis and could not promoted due to non mentioning his name in the
seniority list of Qanungos--Name of the civil servant
was struck off from the seniority list after merger of other Tehsil--Held: Board of Revenue was under statutory
obligation to include civil servant's name in seniority list after striking off
his name from the seniority lists of qanungos as
required u/S. 8 of Balochistan Civil Servants Act,
1974--Civil servant was not only deprived of his due promotion but has also
been made shuttle cock between different authorities and driven from pillar to
post for no fault of his own--Further held: Civil servant was entitled for proforma promotion from the date when his juniors were
promoted as Naib Tehsildar--Authority
for proper administration of service u/S. 8 of Balochistan
Civil Servants Act, 1974 is required to cause/prepare a seniority list--Civil
servant had been deprived of his due promotion due to sheer negligence on the
part of department--Appeal was allowed. [Pp.
111 & 1112] A, B, C, D & E
Mr. Mazhar Ilyas Nagi,
Advocate for Appellant.
Mr. M. Salahuddin Mengal, A.G. for
Respondents.
Date of
hearing: 8.4.2009.
Judgment
Muhammad Hashim Khan, Chairman.--This appeal u/S. 4 of the Balochistan Service Tribunals Act, 1974 has been filed by
the appellant with the flowing prayer:--
"(i) Declare
the respondents' act of striking off appellant's name from the seniority list
of Zhob Division and omission to include his name in
the seniority list of Sibi Division or any other
list, as illegal and without lawful authority.
(ii) Declare that appellant is entitled to
pro forma promotion and antedated seniority from the date he was eligible for
promotion as Naib-Tehsildar but ignored due to
administrative fault/negligence and for no fault of appellant.
(iii) Declare that continuous posting of
appellant as Naib-Tehsildar on acting/current charge
basis for indefinite period, when he was eligible to be promoted on regular
basis, is illegal and whimsical and he is entitled to be confirmed as Naib-Tehsildar from the date he was given charge of said
post.
(iv) Direct the official respondents to process the
cases of appellant for grant of pro forma promotion, with all
back/consequential benefits, on merits and strictly in accordance with law.
(v) Direct the official respondents to
prepare and circulate a seniority list of Naib Tehsildars strictly in accordance with law.
(vi) Grant any other relief which may be deemed just
and appropriate in the circumstances of the case; and
(vii) Award costs under Section 35 and
compensatory costs under Section 35-A, C.P.C, 1908, as amended by the Civil Law
Reforms Act, 1994 (PLD 1995 Central Statutes 1)."
2. It is the
case of appellant that after passing the departmental examination he was
appointed as Patwari (B-5) in the year 1982 at the
strength of Quetta Zhob
Division and posted at Loralai district. On
30.11.1986 Quetta/Zhob Division was bifurcated and a
new division namely Zhob Division was formed and
appellant remained posted at Loralai district at the
strength of Zhob Division. In the year 1993, he was
promoted as Kanungo (B-9) by commission Zhob division and his services were placed at the disposal
of Deputy Commissioner Loralai. The Deputy Commissioner
Loralai vide order dated
3. On the other hand the respondents contested
the appeal on legal and factual aspects by filing their written reply.
4. We have heard the learned counsels for the
parties and also perused the record with their valuable assistance.
5. The record reveals that the appellant is
holding the post of Niab Tehsildar
on acting/current charge basis since 2003 and could not promoted due to non mentioning his name in the seniority list of Qanungos of Zhob or Sibi Division. The record also indicates that the name of
appellant was struck off from the seniority list of Zhob
Division after merger of Tehsil Sanjavi
of Loralai District Zhob
Division with Ziarat District of Sibi
Division on
6. Admittedly in view of the policy for grant of
proforma promotion vide Notification No. SO III-6(47)
(R) S&GAD-75 dated 17.5.1981 and Fundamental Rule-17, the appellant is
entitle for proforma promotion from the date when his
juniors, were promoted as Naib Tehsildar.
It would be appropriate to reproduce Fundamental Rule-17 here-in-below which
speaks as under:--
"Provided
that the appointing authority may, if satisfied that a civil servant who was
entitled to be promoted from a particular date was,
for no fault
of his own,
wrongfully prevented from rendering service to the Federation in the
higher post, direct that such civil servant shall be paid the arrears of pay
and allowances of such higher post through pro forma promotion or up-gradation
arising from the ante-dated fixation of his seniority."
7. We are of
considered view that the Authority for the proper administration of service
u/S. 8 of Balochistan Civil Servants Act, 1974 is
required to cause/prepare a seniority list. We are also of the view that the
appellant has been deprived of his due promotion due to sheer negligence on the
part of department.
8. For the discussion made here-in-above, the
appeal is allowed. The Respondent Nos. 1 and 2 are hereby directed to include
the appellant's name in the seniority list of Sibi or
Zhob division and regularize the services of
appellant as Naib Tehsildar
from the date when his juniors were promoted as Naib Tehsildar. There shall be no order as to costs.
(R.A.) Appeal
allowed.