Law:

Section:

Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975-------Rr. 12 & 13---Constitution of Pakistan (1973), Art.212(3)---Civil service--­Employee of Federal Investigation Agency---Promotion---Respondent joining technical branch of the Agency earlier in point of time than petitioner who had joined in the executive wing of the same Agency---Petitioner was promoted while respondent was ignored---Service Tribunal on appeal of respondent directed his promotion in place of appellant---Validity---Petitioner claimed that he belonged to executive wing of the Agency while respondent was serving in technical wing and promotion was to be regulated within the respective wing--- Leave to appeal was granted to consider whether petitioner and respondent having been placed in different cadres, promotion of petitioner could not be affected by reason of respondent being senior in service. ORDER MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal which is directed against the judgment dated 15-8-1994 passed by the Federal Service Tribunal, Islamabad arises from the facts that Muhammad Jaafar (respondent No.4) was appointed as Constable in the technical Branch of F.I.A., Islamabad on 30-5-1977, whereas Mian Muhammad Aslam (petitioner) joined the service of F.I.A. (investigation/crime/executive group) as Constable on 9-11-1978. In the combined provisional seniority list of Constables of F.I.A., the, name of Muhammad Jaafar (respondent No.4) appeared at Serial No.20 and the name of Mian Muhammad Aslam (petitioner) at Serial No.39. It so happened that on 16-1-1994, Mian Muhammad Aslam (petitioner) was promoted as Head Constable. Feeling aggrieved, Muhammad Jaafar (respondent No.4) filed an appeal before the Director-General F.I.A. On 21-4-1994, he received reply to the effect that he was at Serial No.5 in the seniority list of the Constable of Technical Wing of F.I.A. Headquarters and will be considered for promotion on his turn. So, he filed appeal before the Service Tribunal which was accepted on 15-8-1994 declaring that he (Muhammad Jaafar) being senior to Mian Muhammad Aslam (petitioner) had preferential right of promotion as Head Constable. 2.…

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