Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 8-A

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 8-A---Promotion---Past service rendered in another government department, benefit of---Appellant remained in the employment of National Highways and Motorways Police as a Senior Patrolling Officer (BS 16) with effect from 26.11.2001 to 01.03.2011---Subsequnetly he applied for the post of Assistant Executive Engineer (BS-17) in Pakistan Public Works Department (PWD) through proper channel and pursuant to the recommendations of Federal Public Service Commission, the appellant was appointed in PWD on 02.03.2011---Bone of contention relates to the promotion from Assistant Executive Engineer BS-17 to Executive Engineer BS-18 in terms of the criteria of promotion as set out in SRO No. 897(I)184 dated 11.10.1984, which was subsequently amended vide SRO No.855(I)/91 dated 25.07.1991 in which basic condition for promotion from Assistant Executive Engineer BPS-17 to Executive Engineer (BPS-18) was requirement of 05 years' service experience in BPS-17 with the qualification of passing Departmental Examination as well as the application of Statutory Instruction (SI) No. 157 of Chapter 2 of ESTACODE (Volume 1) [Edition 2013]---According to the appellant, having been appointed in BPS-17, the petitioner was entitled to the one half of his service in BPS-16 for consideration towards his promotion in BPS-18 in terms of Rule 8-A of the Civil Service (Appointment, Promotion and Transfer) Rules, 1973 and Statutory Instruction No.157 issued thereunder---However, despite attaining the sufficient years for consideration for promotion to BPS-18, the petitioner was not considered---Therefore, he submitted a representation, which was not answered, which compelled him to approach the Federal Service Tribunal ("Tribunal")---Tribunal held, through the impugned judgment, that service in another department cannot be taken into consideration---Contentions of the appellant were that the stated observation of the Tribunal was not contained in Statutory Instruction No. 157 and as such the Tribunal had erred in law; that though the petitioner was subsequently promoted in Grade 18 (without being granted the benefit of…

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