PESHAWAR: The services tribunal on Monday declared illegal the appointment of a junior officer as the Khyber Pakhtunkhwa Assembly’s secretary and ordered the posting of the most senior officer in his place.

The tribunal consisting of Hamid Mughal, Amin Kundi and Ahmad Hassan accepted an appeal filed by senior additional secretary Kifayatullah Khan Afridi and declared illegal the Aug 11, 2017, decision of the Departmental Promotion Committee and the Aug 15, 2017, notification by the then speaker of the assembly for the promotion of an officer junior to him, Nasrullah Khan, as the secretary.

During the pendency of the appeal in Sept, the DPC had again recommended the promotion of Mr Nasrullah prompting the issuance of a notification on Sept 25, 2018, by current assembly speaker Mushtaq Ghani.

The tribunal also declared that decision of the DPC illegal.

The respondents in the appeal were KP Assembly speaker, the DPC through its secretary and Mr Nasrullah Khan, who was serving as secretary KP Assembly.

Ali Azim Afridi, lawyer for the appellant, said his client was appointed assistant secretary (BPS-17) to the KP Assembly Secretariat on Nov 23, 1992.

He said his client, who had more than 24 years of service, was promoted as deputy secretary on Feb 11, 1997, and was appointed the additional secretary (BPS-19) on Mar 12, 2007.

The lawyer said a list displaying seniority of officials working in the establishment of Secretariat of Provincial Assembly was issued and duly notified on Apr 18, 2007, and Oct 20, 2007, wherein the appellant was shown at Serial No 2, while the respondent (Nasrullah) was placed at Serial No 3.

He said the appellant was again recommended for promotion against the post of the senior additional secretary (BPS- 20) and was notified on Oct 1, 2009.

Ali Azim added that the appellant while serving as the senior additional secretary was time and again asked for and authorised to look after the office of the secretary.

He said a notification was issued on Aug 1, 2017, for the reconstitution of DPC No 1 of the Assembly to consider the retirement of the then secretary, Amanullah Khan, and fill the said vacancy.

The counsel said the name of Nasrullah Khan was also included in the panel of officers to be considered for promotion to the post of secretary and therefore, the DPC was reconstituted with an addition of the deputy secretary (admin), who had been subordinate to the then special secretary (Nasrullah).

He said for filling the vacancy, a working paper for the DPC meeting was placed before the committee to consider the appellant and other officers, wherein he was found to be the senior most and experienced one besides possessing very good ACRs.

The counsel said despite the appellant was senior and had good service record, the DPC recommended promotion and appointment of Mr Nasrullah as the secretary.

Published in Dawn, December 11th, 2018