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PESHAWAR: A local lawyer on Thursday moved the Peshawar High Court against the last year appointment of the provincial assembly’s secretary by the then speaker, claiming Nasrullah Khan is occupying the post in violation of a service tribunal judgement.

Ali Azim Afridi filed a petition requesting the court to declare the relevant notification issued on the orders of then KP Assembly Speaker Asad Qaiser on Aug 15, 2017, illegal to the extent of the promotion of additional secretary Nasrullah Khan to the post of secretary.

The petitioner said the continuation of Mr Nasrullah to serve as secretary of the assembly was against different orders of the KP Service Tribunal including the orders issued on Sept 14, 2017 and Jul 20, 2018.

The petitioner seeks the court’s orders for beginning disciplinary proceedings against Mr Nasrullah for issuance of illegal orders in the Assembly Secretariat.

He also sought the trial of the secretary and the then speaker for committing contempt of court by violating the judgment of the service tribunal.

The petitioner requested the court to stop the secretary from performing his functions until the disposal of the petition.

He said the appointment notification was issued when the seniority of Mr Nasrullah as additional secretary was challenged in the service tribunal.

The petitioner said the service tribunal pronounced its judgment on Sept 14, 2017, setting aside the promotion of Mr Nasrullah. He said the judgment was delivered while deciding an appeal of additional secretary Ghulam Sarwar.

The petitioner said the tribunal had declared illegal the promotion of Mr Nasrullah from the post of deputy secretary to the additional secretary’s through a notification on Aug 18, 2007.

The tribunal in its detailed judgment had ruled that the criteria of promotion to the higher post of senior additional secretary (BPS-20) and secretary (BPS-21) of the assembly was also based on seniority-cum-fitness as such subsequent promotions if any of the junior colleague of the appellant (Ghulam Sarwar) to the higher post, including the post of senior additional secretary or secretary, during pendency of the appeal, was also set aside as a consequential benefit.

The petitioner said as the speaker didn’t implement the judgment of the tribunal, the appellant had filed execution petition before the tribunal.

He said then speaker Asad Qaiser was asked by the tribunal time and again to submit compliance report, but to no avail.

The petitioner said on July 20, 2018, the service tribunal specifically ordered reversion of the respondent (Nasrullah) to the post of the assembly’s additional secretary.

Published in Dawn, August 17th, 2018