Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4 (c)

Punjab Service Tribunals Act (XI of 1974) S. 4 (c), proviso-Limitation -- Excise and Taxation Inspector challenging seniority position indicated in list circulated/published in February 1972-Matter neither agitated before departmental authorities nor before Civil Services Appellate Tribunal prior to establishment of Service Tribunal in 1974-Appellant, in circumstances, held, not only hit by limitation but had no locus standi to challenge seniority position depicted in seniority list of 1972. 1976 P L C (C. S. T.)15(2) rel. P L D 1960 Lab. 1072 ; Ahmad Khan Sial's case 1976 P L C (C. S. T.) 74 and 1974 S C M R 502 ref.                                                                                                                                 ORDER M. SALEEM CHAUDHRY (CHAIRMAN):--Initially Excise and Taxation com prised two separate and distinct Departments and their incumbents were governed by separate service rules. The Sub-Inspectors and Inspectors of the former Department were governed by the Punjab Excise Subordinate Services Rules, 1952 and those of the latter by the Punjab Ex-Taxation Subordinate Services Rules, 1954. On the 13th of July 1964, the Governor of West Pakistan through a notification ordered that both the cadres of Excise/Taxation Departments Staff should be amalgamated and made interchangeable w. e. f. 1-12-1962 under the now designation of Excise and Taxation Inspectors and Sub-Inspectors. Resultantly in 1966 the West Pakistan Excise and Taxation Department Subordinate Service Rules were promulgated. It is, however, common case that despite the pro mulgation of these rules the promotions to the rank of Inspectors were continued to be made separately on the Excise and Taxation side on the basis of their respective cadres as if no amalgamation had taken place. This state of affairs, it appears, led to certain appeals being…