SERVICE APPEAL UNDER SECTION 4 NWFP SERVICE TRIBUNAL ACT 1947

BEFORE THE (ABC) SERVICE TRIBUNAL (ABC)

Appeal No.0000/0000

(Your Name)

Circle Officer Investigation

City Name.

                                                                                                                                          …APPELLANT

V E R S U S

  1. Provincial
  2. Deputy Inspector General

City Name

                                                                                …RESPONDENTS

APPEAL UNDER SECTION 4 NWFP

SERVICE TRIBUNAL ACT 1947

It is respectfully submitted as under:-

  1. That, appellant after qualifying () public Service Commission test and interview for (Post name) was appointed as probationer (Post name) with effect from (Date) alongwith others (Post name) of (name) Range.
  2.        That, that appellant after completing the probation period of (Post name) was confirmed with effect from date of his appointment.
  3.        That, appellant was promoted as officiating sub inspector with effect from (Date) and he qualified the upper class course in March (Date). It is pertinent to mention here that seniority of appellant remained intact to the inclusion to list-E and promotion to the rank of officiating inspector alongwith his other batch man (Post name). (Copy of order dated (Date) is annexed as Annexure A).
  4.        That, subsequently appellant on his truth of having substantive promotion to the rank of (AAAAA) and confirmation thereof on (date) alongwith his other batch man (Post name)  was ignored on the ground that the has not served as (Post name) for one year. Whereas, my other batch man (Post name) namely (name), (name), ( name)and (name) (now inspectors) were ginven substantive promotion to the rank of (Post name) and confirmation thereof on (Post name). Copy of order dated (Post name) is annexed as Annexure B.
  5.        That, it merits a mention here that the above named batch man (Post name) of appellant who are now  working as confirmed inspectors were confirmed as sub (Post name) with effect form (Date) were not kept for  two years’ probation. It is also not out of place to mention here that they were promoted as officiating (Post name) in (2000).
  6.       That, it is worthy to mention here that case of appellant of substantive promotion and confirmation thereof to the rank of sub (Post name) was deferred for want of his service as (Post name) for one year. In view of this position, the appellant after having served for one year as (Post name) became entitled to be promoted as sub (Post name) alongwith his batch man (Post name) with effect from (00/00/0000). But, the appellant after having served as (Post name) for one year was promoted to the substantive rank of (Post name) with effect from (00/00/0000) and was kept on probation for period of two years. Copy of promotion order of appellant as SI dated (00/00/0000) is annexed as Annexure C.
  7.        That, subsequently the respondent No. 2 through its order dated (00/00/0000) has confirmed the appellant and other persons to the rank of sub inspector with effect from (00/00/0000). Copy of order of respondent No. 2 dated (00/00/0000) is annexed as Annexure D.
  8.        That, it is pertinent to mention here, as no seniority list of sub (Post name) and (Post name) of (AAA) police was circulated till (AAA 0000), so, in view of this position, appellant was under the impression that despite of aforesaid order of the confirmation of appellant as sub (Post name) with effect from (00/00/0000) is in the same seniority list alongwith his other batch man (Post name) as it was previously. Due to this reason he did not take any action about the matter of his seniority.
  9.        That, through notification dated (00/00/0000) issued under the signature of (Post name), appellant have been approved as per recommendation of DPC for inclusion list F and promotion to the rank of officiating (Post name) BPS-(00) with his colleagues. Copy of notification dated (00/00/0000) is annexed as Annexure E.
  10.       That after long time the seniority list of inspectors and sub (Post name) on list-F as it stood on (00/00/0000) was circulated in the end of (Month 0000) for the objection of concerned inspectors and sub (Post name) on their seniority/ correction. Copy of seniority list is annexed as Annexure F.
  11.        That, appellant within one month after becoming aware of aforesaid seniority list wherein appellant was shown at serial NO. (00) being aggrieved from it made representation to respondent No.(0) through proper channel. The appellant through his representation has made request to respondent No. (S no) that his seniority list be corrected and he be placed at serial number between (00) to (00) of the same seniority list alongwith other batch man (Post name). Copy of representation of respondent No.(0) is annexed as Annexure G.
  12.       That, respondent No. (0) alongwith his comments have forwarded the representation of appellant to respondent No.(0) for his decision  thereon. Copy of the comments of respondent No. (2) is annexed as Annexure H.
  13.        That, respondent No.(0) instead of correcting the position of seniority of appellant under the law, has dismissed his representation. Which was communicated to him on (00/00/0000) through the office of (Post name). Copy of the letter dated (00/00/0000) of Respondent No.(0), which was communicated to appellant on (00/00/0000) is annexed as annexure I.
  14.        Under the circumstances, appellant is left with no other option but to file this appeal, inter alia, on the following grounds and that other better ground which may be urged at the time of hearing.

          GROUNDS:- 

  1. That, under the settled principle the seniority of an employee is maintained from the date of his regular appointment / promotion. The appellant according to the comments of respondent No.  (0) and as well as order dated (00/00/0000) has been confirmed as sub inspector w-e-f (00/00/0000) and even in the seniority list it was shown the same. But, despite of it appellant is being shown junior to those subs (Post name) that were confirmed in the same rank much after him. Thus, he was wrongly shown at serial No. (000) of the seniority list.  
    1. That, respondents have violated the rule and regulation pertaining to the seniority of the employee in the case of appellant. As he being important as regular / confirmed sub inspector on (00/00/0000) was not granted seniority with effect from the same date. Thus, the respondents have violated in the constitutional right of appellant guaranteed to him by the constitution of Pakistan. In terms of Article 4 and 25 of the constitution of Pakistan.
    1. That, section 7 (5) NWFP Civil Servant Act 1973 provides that confirmation / regularization of Civil Servant in a Service on post Shall take effect from the date of occurrence of Permanent Vacancy in the service of post or from the date of continuous affiliation whichever is letter. As the appellant was appointed against the permanent vacant of post of sub (Post name) on (00/00/0000) and sign then has been serving against the same post tells his confirmation on (00/00/0000). The longstanding service on the said post has by itself has established the permanent nature of appellants service has sub inspector. Moreever, appellant continues officition also run from the date of his appointment has sub (Post name) w-e-f (00/00/0000). Therefor, he was to be considered regular sub (Post name) with effect from the date of his appointment from the purposed of his seniority.
    1. That, the appellants is not calling in question the seniority of any of other employee. He his only seeking the relief to the extent of his own seniority with effect from his date of appointment has sub (Post name) I-e (00/00/0000) or w-e-f (00/00/0000) from the date of the promotion of his date of the promotion of his batch man (Post name).
    1. That the case of appellant promotion to sub inspector alongwith this batch man (Post name) was deferred for want of his service as (Post name) for one year. The same can be confirmed through the comments of respondent No.(0), which he submitted to respondent No. (0) on the representation of appellant. Under the law, in case appellant could not be confirmed a s sub (Post name) w-e-f (00/00/0000), then the after being served as (Post name) for one year was entitled to be promoted w-e-f (00/00/0000) from the date of the promotion of his batch man (Post name).
    1. That, batch man (Post name) of appellant were promoted to the post of sub (Post name) without being kept on probation for any period. To keep the appellant on probation on his promotion as sub (Post name) for (0) years, was a clear discrimination against him.
    1. That, the appeal is within time.

It is therefore, very humbly prayed that this honourable Tribunal, on acceptance of this appeal, pleased to direct the respondents to grant the seniority to appellants as sub (Post name) either from (00/00/0000) or from the date of confirmation of sub (Post name) of his batch man ASIs i-e (00/00/0000) and accordingly by confirmed to the position of (Post name) from the date of the promotion of his batch man (Post name) as inspector alongwith financial benefits.

            Appellant   

                                                                             Through:      

Dated:-00/00/0000                                                   ((Advocate name))

                                    (Advocate Supreme court of),

                Pakistan, City.

BEFORE THE KPK SERVICE TRIBUNAL PESHAWAR

Appeal No.0000/2018

( Name)

Circle Officer Investigation

City Name.

                                                                                              …APPELLANT

V E R S U S

  1. Provincial Police Officer/

(A A A A ) K.P.K Peshawar & others.

                                                                          …RESPONDENTS

          APPEAL UNDER SECTION 4 NWFP

SERVICE TRIBUNAL ACT 1947

AFFIDAVIT

I, (Name), Circle Officer investigation (City Name), do hereby declare on Oath that the contents of the Appeal are true and correct and nothing has been concealed from this Honurable Tribunal.       

D E P O N E N T

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