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

Section: 4(b)

(a) Punjab Service Tribunals Act (IX of 1974)  S. 4(b), proviso-Promotion-Appellant challenging promotion of respondent-Promotion made after due consideration of case of appellant-Appeal, in circumstances, held, not maintainable. (b) Punjab Service Tribunals Act (IX of 1974) S. 4(b), proviso - Limitation-Impugned order finally decided at Government level in 1974-Appellant further making representation to Government which was not competent under rules-Time spent in such representation or review, held, futile and cannot be considered to cover limitation-Appeal filed in 1976, in circumstances, held, time-barred.                                                                                                                                                   JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-By this appeal the appellant questions the grant of promotion to respondent No. 3 on 7th January, 1971 to the post of Senior Clerk in supersession of the seniority of the appellant. The brief facts as far as relevant and material to this appeal are that the appellant joined the Civil Defence Department as Junior Clerk on 3rd October, 1953 and was promoted as Senior Clerk and assigned to the Rawalpindi Station. However, at Rawalpindi he requested to be transferred to Lahore and offered himself to be voluntarily reverted as Junior Clerk. His request was accepted and he was posted at Lahore Region against a vacancy of a Junior Clerk. He was again promoted as Senior Clerk on the 6th November, 1965 in Lahore and was eventually promoted as Assis tant in the year, 1975. Respondent No. 3 came to join the Department on 8th February, 1954 and was promoted as Senior Clerk on 1st July, 1961. He was promoted as such after consideration of his case vis-a-vis the appel lant on the ground that respondent No. 3 was a Graduate…