PESHAWAR: The Khyber Pakhtunkhwa Services Tribunal has struck down the promotion of the provincial assembly’s additional secretary as the secretary by declaring it illegal.

Tribunal chairman Hamid Farooq Durrani and Mian Mohammad also ordered the relevant authorities to constitute the new departmental promotion committee (DPC) to recommend official for promotion to the BPS-21 post within three months.

The order came as the tribunal accepted an appeal of senior additional secretary of the assembly secretariat Kifayatullah Khan Afridi against the last year promotion of additional secretary Nasrullah Khan as the secretary on the recommendation of the last DPC.

The appellant claimed that the promotion violated the tribunal’s earlier judgment.

He had challenged the last DPC’s Sept 2, 2019, decision and the Sept 3 notification by the assembly’s speaker for Mr Nasrullah’s promotion as the secretary.

The tribunal directed the relevant authorities to form the DPC in line with the law to consider the matter of promotion to the secretary’s position in light of the decision on the appellant’s previous plea and the instant judgment and in accordance with the law and rules.

It declared that the exercise should be completed within three months.

The respondent in the appeal were the provincial assembly’s speaker, DPC through the secretary of the provincial assembly, and Mr Nasrullah.

The legal battle between the two assembly officials over seniority issue had begun a couple of years ago.

The tribunal ruled: “It is important to note here that the appellant was senior most amongst the Additional Secretaries BPS-20, however, the said factor was ignored by the DPC.”

Referring to the previous judgment of the tribunal delivered in 2018, it observed that in Para-8 thereof it was laid down that seniority-cum-fitness was the sole criteria/principle for promotion to the post of Secretary (BPS-21) Khyber Pakhtunkhwa Provincial Assembly.

The tribunal also referred to another service appeal, which was decided on Sept 14, 2017, with the pronouncement that the criteria for promotion to the post of the provincial assembly’s secretary Assembly Secretariat was also based on seniority-cum-fitness.

The tribunal ruled that the DPC had considered merit alone and its view was in disregard of the judgments of the tribunal as well as those referred to in the decision of the previous appeal.

The appellant’s counsel, Ali Azim Afridi, said that his client was appointed as the assistant secretary to the provincial assembly’s secretariat on Nov 23, 1992, and was promoted as the deputy secretary on Feb 11, 1997, and as the additional secretary (BPS–19) on Mar 12, 2007.

He claimed that a list displaying seniority of the secretariat officials was issued on Apr 18, 2007, and Oct 20, 2007, showing the appellant at Serial No 2 and Mr Nasrullah at Serial No 3.

Ali Azim contended that during the course of events, his client was recommended for promotion to the post of senior additional secretary (BPS–20), which was notified on Oct 1, 2009.

He added that on Aug 1, 2017, a notification was issued for the constitution of the DPC due to the retirement of the then secretary and that committee had recommended Mr Nasrullah for the post.

The lawyer said the decision was challenged by the appellant with a larger bench of the tribunal setting aside the promotion of Mr Nasrullah on Dec 10, 2018.

He said the tribunal’s that decision was challenged by respondents in the Supreme Court, which had ordered the reconstitution of the DPC to re-examine and decide the disputed promotion.

The lawyer, however, said the reconstituted DPC had again recommended the promotion of Mr Nasrullah on Sept 2, 2019.

Lawyer for Mr Nasrullah contended that the appeal was time-barred as it was submitted after the time fixed for it.

However, the tribunal overruled that objection.

Published in Dawn, December 19th, 2020