Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--Retirement from service--Representation for performa promotion after eight years of retirement--Non-filing of application for condonation of delay--Departmental promotion committee--Criteria for promotion--Maintainability--Limitation--During service, appellant had not made any effort nor cry over non-grant of promotion under 33% quota--He, for first time, made a representation exactly after eight years of his retirement whereas he was required to challenge same within 30 days from 22.01.2000, if he was so aggrieved but he remained silent over matter during his service--It is well settled proposition that when departmental appeal is time barred, appeal before Tribunal is incompetent and maintainable--Representation before departmental authority was time barred, as such, appeal before Tribunal is incompetent and not maintainable--Even no application for condonation of delay has been filed--We find force in contention of respondent-department that meetings of Departmental Promotion Committee were regularly held and cases of those eligible officials were being sent for consideration and since appellant had not fulfilled criteria laid down in SRO i.e. qualifying departmental examination, therefore, his case was not referred, as such, sending his case to FR-17 Committee does not arise as neither was he eligible nor qualified to be promoted--Appeal was dismissed.  1995 SCMR 1505, 1998 PLC (CS) 800, 2001 SCMR 17, 2011 SCMR 698 2012 SCMR 195 ref. Judgment Qazi Khalid Ali, Chairman.--We intend to dispose of the titled appeals through this single judgment as common question of law is involved therein and similar prayer has been made which reads: “To hold and declare that the appellant is/was entitle for proforma promotion against the post of Assistant Audit Officer (BS-16/17) w.e.f. 2008 to 2009 before retirement as such promotion was withheld by the department and the appellant is entitled for proforma promotion to the post of AAO (B S-17) as per FR-17 and also as per Manual of Standing Order issued by the Respondent No. 2 on 14.12.1992 vide letter 24.07.1973 against 33% post of departmental quota, issued by the…

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