Law:

Section:

Railway Rules Governing Promotion of Class III Staff R. 5-Promotion-Promotion although to be made in order of seniority yet such general provision subject to condition of senior person being also found fit for holding post-Laying down policy for fitness to be judged, amongst others, through ability test-Not a method foreign to intent and purpose of r. 5-Petitioner refusing to undergo ability test rendered himself responsible for grievance ht suffered on account of failure to gain promotion-Imposition of ability test to determine fitness for promotion-Not such imposition as could not be provided under law-Nor could petitioner dictate terms as to how authorities to decide question of fitness or otherwise Refusal of respondents to promote petitioner without his going through ability test being not illegal, fact of petitioner being not entitled to promotion at a certain stage, held, cannot lead to conclusion that no other person should at all have been promoted at such time to fill vacant posts.-[Civil services]. Date of hearing : 29th July 1979.                                                                                                                               ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal arises out of the dismissal of a service appeal by the Central Service Tribunal constituted under Service Tribunal Act LXX of 1973. The petitioner was appointed as Tracer in the Railways in 1944. He claims to have been promoted as. grade II Tracer in 1947 and confirmed therein in 1957. He further claims to have been promoted as Draftsman grade III (subsequently described as grade 1) and further that he was promoted as Draftsman grade IV (Subsequently described as grade II) In 1960. On 9-4-1970 he was reverted from grade II (Officiating) to grade I on the ground that he had failed to pass the necessary test. By the same order…