Law:

Section:

MUNAWAR ALI KHAN (CHAIRMAN): --Aggrieved by the Provincial Food Department's Notification No.SOF(V)-1(26)/76, dated 29th December, 1987 whereby the appellant, Afzal Mehdi has been assigned lower position vis-a-vis respondent Ghulam Sarwar Qureshi (hereinafter referred as the respondent) in the cadre of Ward Rationing Officers (Grade-16), the appellant challenged the said Notification in departmental appeal before the Chief Secretary. As no decision was taken on his said appeal within 90 days, the appellant filed the present service appeal before this Tribunal.   The appellant's case, as disclosed in his memo of appeal, is as follows. Consequent upon his selection by the Public Service Commission he was appointed as Assistant Food Controller on 8-10-1957. He was subsequently promoted as District Food Controller on ad hoc basis vide Food Department's Notification No. SO(F-III)- AI12 (i)-2/72, dated 14-3-1972. By letter dated 10-4-1973, the case of 10 persons including the appellant was referred to the Public Service Commission for regularization of their ad hoc promotion. Pending the approval of the Commission new -service rules came into force and as such promotion cases were excluded from the purview of the Public Service Commission. Ultimately the appellant's promotion to the post of District Food Controller was regularized on 5-3-1978 on recommendations of the Departmental Promotion Committee. Meanwhile he was promoted as Assistant Director, Food on 28-3-1977, but soon he had to revert to make room for the officers reinstated under MLO-23. He was again promoted to the said post on 21-8-1983. On the other hand 'respondent was holding the post of Food Grain Inspector when he was appointed as Ward Rationing Officer on 28-101972  against a post reserved for initial recruitment in relaxation of the rules.   On promulgation of the Sindh (Gazetted) Civil Service (National Scales of Pay) Rules, 1974, on 27-3-1974 the posts of District Food Controller and Ward Rationing Officer were placed in Grade-16 (Rs.400-35-750-150-1,000). Prior to these rules the post of District Food Controller was in the Pay Scale of Rs.350-35525/ 40-925 and…