Law:

Section:

(On appeal from the and order of the Punjab Service Tribu­nal, Lahore dated 12-9-1979 passed in Appeal No. 261/376 of 1978). Punjab Service Tribunals Act (IX of 1974)- -- S. 4 (b) (1), proviso-Pro forma promotion-Order of depart­mental authority determining fitness or otherwise of a person to be appointed to or hold a particular post, or to be promoted to a higher post or grade--Not appealable -Petitioner's claim to be granted promotion with effect from a date earlier than one fixed in his case, held, not tenable. Petitioner in person. Nemo for Respondents. Date of hearing : 11th February, 1980. ORDER G. SAFDAR SHAH, J.--The petitioner joined as Probation Officer of the Government of the Punjab on 18th November, 1960. On the re-organisation of the Department in the year, 1962, a post of Supervisor, Reclamation and probation was created therein but instead of the petitioner, who was the senior most Probation Officer serving in Rawalpindi Division, one Mr. Bashir Ali was temporarily appointed to that post although he was junior to him. On 1st April, 1962, therefore, the petitioner filed a representation with the Department with the result that Mr. Bashir Ali was removed from the said post and was directed to hand over the charge of it to ADC (General). On 9th February, 1970, however, the petitioner was promoted as Supervisor. But ever since then he con­tinued making representation to the Department for proforma promotion with effect from 1st August, 1969. The record would show that his representation was finally rejected by the Finance Department of the Punjab Government on 26th April, 1978. Subsequently the petitioner made another representation to the Director Reclamation but the same was rejected on 30th July, 1978. Faced with this situation, the petitioner filed an appeal before the Punjab Service Tribunal. But the same was dismissed, vide the impugned Judgment on the ground that the appeal was barred by time. The view taken by the Tribunal was that the order passed by the Finance Department of the Punjab Government on 26th April, 1978 dismissing the representation of the petitioner was the final order, and consequently his further represen­tation filed…

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