Case Details

Citation(s)
1994 SLG 939 1994 SLD 939 1994 PLC 1301
Federal Service Tribunal, Islamabad
Appeal No.150 (P) of 1993, decision dated: 6-04-1994.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND NOOR MUHAMMAD MAGSI, MEMBER

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MUHAMMAD MUNEER SHAHID

VS

COLLECTOR OF CUSTOMS AND CENTRAL EXCISE, PESHAWAR and 397 others

Law:

Section:

Civil service------- Seniority---Claim for---Employee who claimed seniority over co-employees who were promoted earlier than him, was considered for promotion so many times, but was not found fit for promotion while co-employees who were found fit for such promotion were promoted---Employee did not file any representation or appeal against promotion of co-employees within the prescribed time---Employee who subsequently was promoted, had claimed ante-dated promotion and seniority from date when he earlier was considered for promotion, but could not clear for such promotion as against co-employees who had better record---Claim of employee was not justified in circumstances, even otherwise promotion was not a vested right---Seniority of employee could be reckoned from date of his regular promotion which had rightly been given to him subsequent to co-employees ---Appeal otherwise being time-barred, was dismissed. Shahzada Shahpur Jan for Appellant. M. Javid Aziz Sandhu, Standing Counsel for Respondents. Date of hearing: 3rd April, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). ---The relevant facts of this appeal, briefly stated, are that the appellant joined service 'as Inspector Customs on 21-6-1965. He was promoted as Deputy Superintendent on 17-1-1990. A tentative seniority list of Deputy Superintendents was circulated on 27-8-1991 wherein the name of the appellant appeared at S. No. 406. He being aggrieved with this list, made a representation on 21-10-1991, but the same was rejected by the Central Board of Revenue vide order dated 16-3-1993 and the appellant was accordingly informed/conveyed the decision vide letter dated 28-3-1993. He then preferred this appeal with the prayer that the respondents Nos.l to 3 be directed to correct the seniority list by placing the appellant at S. -No.9; and that illegal promotions awarded to respondents 1 to 46 as Superintendents earlier than the appellant be declared illegal and void, and further the department be directed to allow the appellant the benefits of service due accordingly. We have heard Mr. Shahzada Shahpur Jan, the learned counsel for the appellant. It is argued that the appellant was eligible for promotion…
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