KARACHI, April 4: The Federal Service Tribunal set aside on Saturday the proceedings of the Pakistan International Airlines Corporation promotion board, which promoted five medical officers in September 2000
, and directed the corporation to reconvene the board and reconsider the candidates 'strictly in accordance with its personnel manual and the administrative order'.
The order was passed by an FST bench comprising its chairman, Justice Amanullah Abbasi (retired), and member Nazar Mohammad Shaikh on an appeal moved by Dr Bashir Ahmed, a Group VIII doctor ignored for promotion to Group IX, through Advocate M. Nawaz Shaikh.
The bench observed that it was mindful of the provisions of Section 4 of the Service Tribunals Act of 1973, 'which precludes us to consider such appeals (against promotion) and the Supreme Court ruling that promotion is not a vested right'.
However, it held that the tribunal could intervene 'when there is substantial defect in the proceedings of the promotion board' and the respondent corporation had failed to bring anything on record against the appellant to warrant his supersession by his juniors.
Referring to the facts of the case, the tribunal observed that there was no doubt that the appellant was at serial number two in the seniority list whereas the doctors promoted were at number 3, 7, 10 and 12.
The promotion policy of the corporation, as contained in Para 30 of its personnel policies manual, clearly indicated that promotions should be made on the basis of merit subject to the corporations's requirement and availability of vacancies.
Ruling out the appellant's contention that the promotion board was illegally constituted, the tribunal observed that there was substantial merit in his allegation that the acting chief medical officer, who was not a member, could not be called to assist the board, particularly because his own appointment was disputed by some doctors, including the appellant.
Another infirmity alleged by the appellant and upheld by the tribunal was that only 10 candidates were interviewed for five vacancies in the next group. The PIA policies manual required that three candidates would be considered for each vacant post.
According to the new administrative order, issued in March 2001, the promotion board is to consist of the PIA's managing director as its president and the directors of administration and of the department concerned as its members. The general manager (personnel) is to act as the board's secretary.
