Law:

Section:

Punjab Service Tribunal Act, 1974 (IX of 1974)-- ----S. 4(1)(b)--Question of fitness--Punjab Revenue Department (Revenue Administration Posts) Rules 1990--Constitution of Pakistan 1973, Arts 25 & 212--Appeal to service tribunal-Promotion to the post of naib tehsildar against 12% in service quota--Question of fitness of civil servant for promotion to higher grade or post is definitely the domain of the departmental selection/promotion committee which can properly evaluate and make an objective assessment of a civil servant to be promoted to next higher grade or post but where the authority responsible for consideration of service record, comparative merits and requirements of eligibility prescribed under the law, i.e. relevant rules, acts contrary to prescribed law, commits excess of jurisdiction or exercises jurisdiction in colorable exercise of powers, the wrong done to a civil servant may be redressed by the service tribunal exercising judicial authority in such matters. Engineer Naraindas VS Federation of Pakistan 2002 SCMR 82 & Walayat Ali Mir's case 1995 SCMR 650 ref. Punjab Service Tribunal Act, 1974 (IX of 1974)-- ----S. 4(1)(b)--Punjab Revenue Department (Revenue Administration Posts) Rules, 1990--Constitution of Pakistan 1973, Arts. 25 & 212--Dropping civil servant for promotion to higher post--Seniority cum fitness--Judicial review by the tribunal--Civil servants were considered for promotion to the post of Naib Tehsildar out of 12% inservice quota but their names were dropped by the departmental selection/promotion committee without assigning any good reasons--Civil servants earlier approached the tribunal by filing service appeals, which were allowed and department was directed to reconsider their cases under Rules 1990--Department after considering appellants refused them promotion on account of incomplete service record--Challenge before Tribunal: Held that Departmental Promotion committee while making assessment of all the candidates and officials otherwise eligible for promotion to the post of Naib Tehsildar was under legal obligation to have recorded good reasons for dropping names in light of applicable rules with regard to…

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