Law: Sindh Service Tribunals Act, 1973

Section: 4

(a) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4, proviso (b)---Appeal to Tribunal---Jurisdiction of Tribunal---Scope---Proviso (b) of S. 4 of the Sindh Service Tribunals Act, 1973 (‘Act of 1973’), bars filing of a service appeal before the Tribunal against an order or a decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher post or grade---Said provision deals with a situation that the departmental authority has dealt with the matter of promotions of all the employees eligible for promotion to a post and having found a certain employee to be fit for promotion, promoted him---Remaining civil servants whose case for promotion was considered but found not fit to be promoted, such civil servants’ service appeals before the Tribunal would not lie. Proviso (b) of section 4 of the Sindh Service Tribunals Act, 1973 (‘Act of 1973’), bars filing of a service appeal before the Tribunal against an order or a decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher post or grade. This provision deals with a situation that the departmental authority has dealt with the matter of promotions of all the employees eligible for promotion to a post and having found a certain employee to be fit for promotion, promoted him. The remaining civil servants whose case for promotion was considered but found not fit to be promoted, such civil servants’ service appeals before the Tribunal would not lie. In the present case, no such order or decision, determining the fitness or otherwise of a person to be appointed, has either been made by the departmental authority nor the question of fitness of the appellant to be promoted has at all been raised. The grievance, in the service appeal filed by the respondent before the Tribunal was that the departmental authority did not at all consider the case of the appellant’s own batch-mates including the respondent who were working in the post of BPS-19 in the Health Department for promotion to the post of BPS-20, in that, only the…

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