Law:

Section:

Constitution of Pakistan-------Art. 212(3)---Civil service---Promotion---Respondents serving as Assistant Warden Fisheries in BPS-9, were promoted as Assistant Director, Fisheries in BPS-17 on regular basis vide notification dated 23-8-1990---Petitioner who claimed to be senior in rank to the respondents challenged their eligibility of promotion by filing departmental appeal, which having remained dormant, petitioner filed appeal before Service Tribunal---Appeal having been dismissed by the Service Tribunal being hopelessly time barred, petitioner had filed petition for leave to appeal---Respondents were promoted in the year 1990, whereas the petitioner had challenged their eligibility in the year 2006, with an abnormal delay of 16 years for which no comprehensive explanation was forthcoming---In the absence of any factual or legal lacuna in the impugned of the Service Tribunal, petition being devoid of merit, was dismissed, in circumstances. Ansari Abdul Latif, Advocate Supreme Court for Petitioner. Nemo for Respondents. ORDER GHULAM RABBANI, J.---Petitioner, respondent No.5 (Nasarullah Larik) and respondent No.6 (Zafar Ali Qureshi) along with others, all of them Assistant Warden Fisheries (B-9), were promoted as Assistant Director, Fisheries (BS-17) on regular basis with immediate effect vide notification-dated 23-8-1990 issued by Government of Sindh, Forest and Fisheries Department. At some later time, five of the above Assistant Directors, Fisheries were reverted to their original position on account of the facts that they were not qualified vide notification dated 1-4-1991 issued by Government of Sindh. 2. It is contended by learned counsel for petitioner that on acquiring knowledge that respondents Nos. 5 and 6 were not holding the requisite educational qualification meant for the post of Assistant Director Fisheries; he preferred on 5-10-2006 a departmental appeal which remained dormant; therefore, petitioner approached the Sindh Service Tribunal by way of preferring an appeal, however, without considering the fact that the time for filing an…

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