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Appeal No. MN‑502 of 1985, decided on 14th December, 1985.

‑‑‑S. 25‑A‑‑Promotion cannot be claimed as of right‑‑Consideration for promotion, could be claimed‑‑Railway servant claiming promotion‑ -Direction issued for considering petitioner for promotion on basis of seniority‑cum‑fitness if and when there is vacancy.

Muhammad lqbal Khan with Hakim Ali, Litigation Inspector, for Appellant.

H.R. Haider for Respondent.

Date of hearing: 8th December, 1985

The decision, dated 28‑7‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 9, Multan has been challenged, whereby the respondent was directed to be posted as Sub‑Engineer grade‑l subject to the conditions prescribed for the promotion of Syed Umar Shah and Younas Ali. The respondent has lodged cross‑objections, which are being disposed of alongwith the appeal.

2. The respondent was Mistri wireman and Syed Umar Shah and Younas Ali were Sub‑Engineer grade‑I in officiating capacity. The latter went abroad on deputation and in one vacancy the respondent was made to officiate as Sub‑Engineer grade‑I. When Syed Umar Shah and Younas Ali came back the respondent was reverted to his substantive post of Mistri wireman. The respondent challenged his reversion and succeeded, hence this appeal by the Railways. Admittedly, Syed Umar Shah and Younas Ali have passed the trade test but the respondent has not.

3. The learned lower Court has missed to see that Syed Umar Shah and Younas All were made to officiate earlier than the respondent and the latter was given chance in one of the vacancies caused when the said persons left on deputation. The respondent did not challenge the promotion of Syed Umar Shah and Younas Ali but when they came back and resumed their jobs, he came forward to challenge his reversion. Needless to say that promotion is not a right and cannot be claimed as such. One can claim only this that he be considered for promotion. Since the respondent had refused to take the trade test, whereas Syed Umar Shah and Younas Ali passed the same, it is evident that they were regarded fit for promotion and the respondent was not considered as such.

4. So far as this point is concerned whether the post of Sub -Engineer‑I is selection post or not, the oral evidence is balanced. The respondent deposed that it was never a selection post, whereas the case of the appellant and Syed Umar Shah and Younas Ali was that it was a selection post. According to rules, promotion to grade Rs.185‑300 is by seniority‑cum‑suitability and not fitness, and promotion to high grades by selection. According to Appendix‑X after Mistri wireman the promotion is by selection, which is to be made by the Headquarters Office.

5. So far as trade test is concerned, the appendix does not show whether it is necessary either for selection posts or for the post of Sub‑Engineer. It is not safe to rely upon oral evidence in this respect. No rule has been shown that trade test is necessary.

6. The other thing is that promotion in officiating capacity does not confer any right over the post. Syed Umar Shah and Younas Ali were officiating Sub‑Engineers and the same was the case with the respondent. Since Syed Umar Shah and Younas Ali were made to officiate as Sub‑Engineer before the respondent and the latter was made to officiate in the vacancy caused by the formers' going abroad, the respondent was rightly reverted. Since the respondent is senior to Syed Umar Shah and Younas Ali as wireman and as uptil now the said persons have not been confirmed as Sub‑Engineers, the respondent still has a chance to maintain his seniority. But he cannot seek promotion by asking for the reversion of any of the abovementioned two persons.

7. As a result, the appeal is accepted to the extent of directing the appellant not to disturb the promotion of Syed Umar Shah and Younas Ali in officiating capacity and consider the respondent for promotion in. officiating capacity on the basis of seniority‑cum‑suitability if and when there is a vacancy.

A. E.

Appeal accepted.

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