Law:

Section:

Balochistan Civil Servants Act (IX of 1974)--- ----S. 9---Balochistan Service Tribunal Act (V of 1974), S.4---Promotion---Entitlement---Both, appellant and respondent/co-employee, were appointed as drivers (BPS-4) in P & D department/parent department---Services of both, appellant and respondent, were transferred to S&GAD department/transferee department---On the request of appellant, he was re-transferred to P&D, parent department, while respondent remained in S&GAD/transferee department---Later on, appellant was promoted as Transport Supervisor in parent department---Respondent challenged the promotion of appellant in the parent department---Additional Chief Secretary withdrew the promotion order of the appellant as Transport Supervisor, and declared respondent as senior employee of P&D/department---Validity---Seniority list issued by P&D/parent department showed the appellant at serial No.1 whereas the name of the respondent employee, did not appear in that seniority list; respondent never challenged the same before the competent court was barred by time---Respondent being an employee of S&GAD/transferee department, his claim for promotion as Transport Supervisor in P&D/parent department, was not justified---Orders issued by Additional Chief Secretary/authorities were set aside, in circumstances. JUDGMENT MUHAMMAD IBRAHIM SUMALANI (MEMBER-I)--- Being aggrieved by the impugned orders dated 27-11-2013 and 11-11-2013, issued by the respondent No.4 (Additional Chief Secretary) P&D Department, and respondent No.1 (Deputy Secretary (Services-II S&GAD), the above named appellant has filed the instant appeal with the prayer to set aside the said impugned orders and the promotion of appellant be restored and declared as Transport Supervisor (BS-11) Planning and Development Department. 2. The brief history of the case is that both the appellant and the respondent No.2 were appointed as Drivers BPS-04 in P&D department vide order No.P&D.SOA.1(5)/92.4018 dated 1-12-1992 and No.E&A.SOA.1(5)/85/129 dated 8-4-1990 by the respondent No.4. Subsequently the services of both the incumbents i.e. appellant and respondent No.2…

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