Law:

Section:

Punjab Administrative Tribunals Act (I of 1974)- ---S. 4(1), proviso (b)--Promotion-Fitness for-Necessarily includes determination of date of promotion-Prayer for being promoted from back date-Hit by proviso (b) to S. 4(1) and beyond jurisdiction of Tribunal. Masood Ahmad Riaz for Appellant. A. G. Humayun for Respondent. ORDER The relevant facts of the case are that the appellant while he was serving as a Junior Clerk in the cadre of Punjab Secretariat Ministerial Service, Lahore, was involved in a murder case and was placed under arrest. In consequence thereof .the appellant was suspended from service with effect from 19-1-1967 vide orders passed on 7-2-1967. Later on the appellant was acquitted from criminal charges and was re-instated in service with effect from 21-2-1973 vide orders of the same date passed by the Additional Chief Secretary, Government of the Punjab. This order also stipulated that the appellant will not be entitled to draw any difference of pay and allowances for the period of his suspension from 19-1-1967 to 21-2-1973 (the date of his re-instatement), as the Sessions Judge had given him the benefit of doubt and his acquittal was, therefore, not honourable. The appellant's representation against this condition was first rejected but later on when the appellant gave a legal notice to the Government under section 80 of C. P. C. revised orders were passed by the Additional Chief Secretary, Government of the Punjab, on 4-10-1973, stating that the period of suspension of appellant from 19-1-1967 to 20-2-1973 shall be treated as period spent on duty and he will be entitled to draw difference of pay and allowances etc. less amount actually drawn as subsistence allowance for the suspension period. During the prolonged suspension of the appellant his four juniors named below were promoted as Senior Clerks with effect from 1-9-1968 vide orders passed on 18-4-1969:- 1. Mr. Kamal-ud-Din. 2. Mr. Muhammad Saeed. 3. Mr. Mahmood Khan. 4. Mr. Muhammad Hafiz. The name of the appellant who was under suspension at the relevant time, does not figure in the above promotion order. After the re-instatement into service of the appellant, 29 further promotions from…

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