PROMOTION OF STENOGRAPHERS AS SUPRINTENDENT/ASSISTANT ACCOUNTS OFFICER (BPS-16)

BEFORE THE FEDERAL SERVICE TRIBUNAL ISLAMABAD.

APPEAL NO.1123(P)/CS/2010

KHALID RIAZ, STENOGRAPHER BPS-15 Office of the Accountant General Khyber Pakhtunkhwa, Peshawar.

VS

SECRETARY ESTABLISHMENT DIVISON

SECRETARY FINANCE DIVISON

THE CONTROLLER GENERAL OF ACCOUNTS.

APPEAL UNDER SECTION 4 OF THE SERVICE TRIBUNAL ACT, 1973.

Respectfully Sheweth,

APPEAL: FOR PROMOTION AS SUPERINTENDENT (ASSISTANT ACCOUNTS OFFICER) BS-17 AGAINST WHICH THE APPELLANT SUBMITTED DEPARTMENTAL APPEAL DATED 12.5.2010 WHICH HAS NOT BEEN RESPONDED TO DESPITE THE LAPSE OF STATUTORY PERIOD OF 90 DAYS. THE APPELLANT SUBMITTED HIS SERVICE APPEAL ON 09.09.2010 WHICH WAS RETURNED BY THE OFFICE OF REGISTRAR FOR RESUBMISSION ON OR BEFORE 24.9.2010 AFTER REMOVING CERTAIN DISCREPANCIES, HENCE THIS APPEAL WITHIN TIME.

PRAYER IN APPEAL

It is respectfully prayed that the instant appeal may graciously be accepted and the respondents may be directed that the appellant be promoted as Stenographer B-15 w/e/f 14.3.90 and promoted as Assistant Accounts Officer (Suprintendent) in BPS-16 against 10% quota and thereafter, allowed B-17 on up-gradation of rest of the Assistant Accounts Officers w.e.f. 3.4.2010 in the interest of service.

FACTS

1. That the Appellant joined the respondents organization on 31.12.1988 as Junior Auditor B-5. The Appellant was selected as Steno-typist B-12 on 14.3.90. The Appellant was further promoted as stenographer B-15 in 2009. The appellant has unblemished and clean track of service record for 22 years.

2. That two of employees of the office of the Director General, Audit Khyber Pakhtunkhwa were promoted as Superintendent and now they are Assistant Audit Officers B-16.

3. That the like to refer Notification 9.1.2008 where Dy.Suprintendent B-14, Senior Inteligence B-14 and Stenographer B-16 of Custom, salex Tax and Federal Excise Deptt promoted as Suprintendent B-16 with immediate effect. The Notification dated 9.1.2008.

4. That this Honourable Tribuanal has passed the judgment dated 17.7.2008 in appeal No.252(P)CS/2006 where the appellant has been provided the similar relief on the basis of FR 17 (I). The appellant deserved to be provided similar relief as enshrined in thejudgment of Hameed Akhtar Niazi Vs Establishment Division reported as 1996 SCMR 1185. Copy of the judgement of FST dated 17.7.2008.

5. That appellant submitted departmental appeal dated 12.5.2010 wherein the appellant requested that he may be promoted as stenographer B-15 w.e.f 14.3.90 and promoted as Assistant Accounts Officer (Suprintendent) in BPS-16 against 10% reserved quota for Stenographers. Further requested that he may also be allowed BPS-17 on upgradation of the rest of Assistant Accounts Officer w.e.f. 3.4.2010.

6. That the departmental appeal of the appellant has not been responded despite the lapse of statutory period of 90 days. The appellant submitted his service appeal on 9.9.2010 which was returned by the office of Registrar resubmission on or before 24.9.2010 after removing certain discrepancies. Hence this appeal within time.

G R O U N D S

1. That the appellant has the similar and identical case where he started his career as Junior Auditor and thereafter, selected as Stenotypist and promoted as Stenographer in the year 2009. The appellant has been left over due to inaction of department despite of the fact that the promotion has been made against the 10% quota. The copy of the relevant provision of the Esta Code is Attached. ESTA CODE 1990 EDITION.

2. That the action of the Department, prima facie, on the face of it reflects lack of bonafide suffering with arbitrariness which requires interference by this Honourable Tribunal for the sake of Justice where the Departmental is not implementing their own policy letter resulting in depriving the appellant of his promotion for a long time to the worst disadvantage in respect of his career advancement.

3. That the appellant is being penalized by the inaction on the part of the respondents without any fault on his part. It has been held in a case reported as 2006 TD (Service) 101 that no body should be penalized by the inaction of the public functionaries. Therefore, the remedial action against the inaction of the respondents is required for the sake of fulfilling his genuine legitimate expectancy for promotion against the sanctioned post.

4. That treatment of civil servants in accordance with law and unjust and fair manner in the matter of advancement of thier career is of permanent importance for good governance. Otherwise, his commitment to the job, dedication to duty, his power to take decision and even his integrity might be confined to a casualty ward. [Reliance is placed on 2004 TD (Service)49]/

5. That is has been held in a case reported as PLJ 2005 SC 435, that, "Government of Pakistan would secure well being of people by raising their standard of living and by ensuring equal adjustment of rights between employers and employees and providing all citizens within available resources of country facilities for work and adequate livelihood and reduce disparity in income and earning of the individual". Therefore, denying the opportunities of career prospects and promotion channel to the Telecommunication cadre against the sanctioned quota is not only frustrating but also a constant source of disturbance and disparity increasing untold miseries to the apppellant and such like officials of the Tele staff when they are rotting in the same grade for more than two decades. The discriminatory treatment meted out to the appellant is violative of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973. Reliance is place on 2002 SCMR 71 & 82.

6. That the senor most stenotypist B-12 namely Mr.Muhammad Yousaf was promoted as Stenographer B-15 during 1987. Being eligible for promotion as Superintendent (AAO) B-16 against said 10% quota. On his promotion as Superintendent, the appeallant was eligible for promotion as Stenographer during 1990. It wuld be in the interest of justice that the appellant be promoted as Tenographer w.e.f 14.3.90 and promoted as Assistant Accounts Officer (Superintendent) in B-16 against 10% reserved quota for Stenographers and thereafter, allowed B-17 on up-gradation of rest of the Assistant Accounts Officers w.e.f. 03.04.2010 up hold the norms of justice.

KHALID RIAZ

APPELLANT

24.09.2010

THE CASE IS NOW IN THE FST NEXT DATE OF HEARING IS 08.04.2011