Law:

Section:

MUHAMMAD RAZA KHAN (MEMBER).---The appellant had participated in the competitive examination held by the Federal Public Service Commission in the year 1986. In the merit list, he secured the position at Serial No. 367 on all Pakistan basis which was calculated to be at Serial No. 14 in the further bifurcated merit list of urban Sindh. He belongs to Sukkur (urban Sindh). It is contended in the appeal that at the time of application for participation in the competitive examination, the appellant had mentioned his choice of Groups as District Management Group, Police Group, etc. etc. However, as a result of the final conclusion of the selection process, he was allocated Postal Group. There was also a condition in the offer letter that no representation shall lie against the allocation of a particular group, hence, allegedly, in compliance of the said provision, the appellant did not file any representation to any quarter. However, the appellant found that the respondent No. 5 , who was placed at S.No. 390 in the merit list of the said examination of 1986 was allocated District Management Group. Another person namely Dr. Fazlullah Pechuhu appearing at Serial No. 258 was reallocated District Management Group on 22-1-1993. It was also alleged that vide yet another order dated 2-3-1994, one Mr. Ali Mumtaz Zaidi was allocated District Management Group from the Information Group. He was also a participant of 1986 batch. Thus, the appellant considered himself to have suffered discrimination and filed a representation in 1995 which was forwarded by his Ministry to the Establishment Division on 1-11-1995. This representation was rejected on 17-1-1996 and allegedly the appellant filed an appeal on 10-3-1996 but the same was also rejected in April, 1996 and the result whereof was communicated vide letter dated 11-6-1996. Hence in the present appeal, filed on 20-6-1996, the appellant asks for his reallocation from the Postal Group to the District Management Group. The respondents contested the appeal. We have listened to the arguments on behalf of the parties and perused the record of the case including the written objections filed on behalf of the respondent-department.…