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Service Tribunals Act (LXX of 1973)-- ---S.4--Notification No. O. M. No.1(1)-R/3/83, dated 18-8-1983-­Re-organization of Audit Department--Thirty-five per cent of Auditors constituting separate cadre of Audit and Accounts Assistant placed in BPS-11--Plea of appellant that thirty-five per cent of total number of Auditors as existed on 30-6-1983 should continue to exist in terms of re-organization, repelled--Fixed strength of Audit and Account/ Assistants in the old cadre, could not be accepted--Percentage fixed at thirty-five per cent would dictate actual number of posts in the old cadre at any one time--Appeal being devoid of merit was dismissed. Raja Muhammad Asghar Khan for Appellant. Muhammad Amir Akbar Khan for the State. Date of hearing: 26th April, 1987. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--The appellant, S. Fiaz Hussain Naqvi, Auditor, AGPR, Islamabad having been aggrieved by clarification on the scheme of re-organization for the Junior and Senior Auditors in the Audit Department vide Auditor General's Letter No. 10-NGE.I/32-83, dated 8-2-1984, has come in appeal before the Tribunal. The appellant preferred a departmental appeal to the Secretary, Ministry of Finance on 7-3-1984. He has come in appeal before us after waiting for the statutory period of 90 days for want of reply in respect of his departmental appeal. 2. The case of the appellant is that prior to 18th August, 1983, there were three cadres in the Pakistan Audit Department i.e. Junior Auditor (B-5), Auditor (B-7) and Audit and Accounts Assistant (B-11). Fifty per cent posts of Auditors were filled in by promotion of Junior Auditors and other 50% by direct recruit. However, there was no direct recruitment to the post of Audit & Accounts Assistant (B-11). All the posts of Audit & Accounts Assistants were filled in by promotion of Auditors on the principle of seniority-cum-fitness. 3. The Audit Department was re-organized with effect from Ist July., 1983 vide O.M. No.1(1)-R/3/83, dated 18-8-1983, the extract of the relevant portion is given below:- "The existing cadre of Auditors may be split up into two cadres, Auditors and Senior Auditors. The cadre of Auditors may continue to be…

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