Law:

Section:

(a) Establishment of West Pakistan Act, 1955- ---S. 8-Protection of pre-integration service rights-Guarantees given at time of integration did not cover future prospects of promotion-. Government could make rules regulating promotion-Requirement of approval of Public Service Commission for promotion, held, could not be challenged on plea that it was not required in particular integrating state before integration. (b) Punjab Administrative Tribunals Act (IX of 1974)- -S. 4(b)-Revision for not being approved by Public Service Commission-Decision regarding fitness for promotion-Not appealable. ORDER SAAD SAOOD JAN (CHAIRMAN).-The appellant joined service in the former Bahawalpur State as Overseer which appointment he held till the time of integration. In 1965 he was promoted as officiating S. D. O. on a temporary basis purely as a stop gap arrangement. In November 1965 he was reverted back to his substantive appointment as Overseer presumably on the ground that he was amongst the junior most S.U.OS. He preferred an appeal before the Punjab Civil Services Appellate Tribunal challenging his senority with reference to some other Overseers who had been retained as S.D.Os. on the ground that they were senior to him. During the course of arguments an undertaking was given by the Administrative Department that his case would be again considered and in case he was found senior to some of the Overseers who had not been reverted he would be given relief. Consequent upon this undertaking he was again promoted as S.D.O. on 9-12-1971. His promotion was however, not approved by the Public Service Commission and by an order dated 16-12-1973 he was reverted. He has come to this Tribunal against the order of reversion. 2. The main contention of the appellant is that in the Bahawalpur State to which he belonged it was not necessary to consult the Punjab Service Commission when making promotion from the rank of Overseers to the rank of S.D.Os. Since his terms and conditions of service were protected at the time of integration the administrative department acted illegally in referring his case for promotion to the Public Service Commission and then reverting him on the advice of the…

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