Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)------ - Ss. 4, proviso (b) & 8-Appeal under S. 8-Lies on issues involved in proceedings pending before civil Court-Not control by proviso (b) to S. 4-Decree of civil Court making civil servant entitled to a post (Superintendent) besides his claim of seniority in lower grade challenged by appeal in higher Court by Government ­Appeal of Government on abatement presented to Service Tribunal ­Contention that question involving fitness or title to hold particular post being hit by proviso (b) of S. 4 could not be entertained by Service Tribunal even in appeal under S. 8-Contention rejected-Appeal under S. 8, held, not controlled by proviso (b) of S. 4 and shall lie on issues involved in abated proceedings. (b) Civil servant----- -----Mala fide-Question of-Allegation against authority taking impugned action must be proved-Mere allegation without evidence to establish same-Not sufficient. P L D 1974 S C 151 rel. (c) Punjab Service Tribunals Act (IX of 1974)------ -----S. 8-Decree of civil Court appealed against before higher civil Court-Appeal on abatement presented before Service Tribunal­ Decree making civil servant entitled to promotion against higher grade-Such relief not warranted by pleadings of parties nor subject-matter of any issue framed before civil Court-Decree of civil Court to that extent set aside by Service Tribunal. ORDER M. SALEEM CHAUDHRY (CHAIRMAN)------In this Government appeal the respondent joined as Assistant Clerk on 29-11-1945 in the Jhelum Sub-Division of 5th Provincial Circle and was confirmed on 24-7-1954 in the aforesaid capacity. He was promoted as Sub-Divisional Clerk on 25-7-1954 and as Accounts Clerk on 28-7-1954. Vide Superintending Engineer Bahawalpur Provincial Circle order dated 12.1-1962 in the aforesaid capacities from the date of his respective appointment. After integration of West Pakistan one of the Divisions of 5th Provincial Circle, Bahawalpur was detached and attached with 2nd Lahore Provincial Circle. In 1957 a Temporary Department namely Social Welfare Organization in the B/R Branch of P. W. D. was created, and the respondent opted to serve in this new Department.…

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