Law:

Section:

(a) Azad Jammu & Kashmir Service Tribunals Act---- -- S. 4-"Final order"-Promotion order indicating same on temporary basis but on probation and to be confirmed after comple­tion of probation period-Such order, held, a final order and not an order of temporary character. (b) Azad Jammu & Kashmir Service Tribunals Act---- ----S. 4, proviso (b)(i)-Appellant challenging promotion order of respondent on basis of seniority as well as fitness-Appeal, held, not maintainable. (c) Kashmir Service Requlations, Vol. II- -- Art. 24-Seniority-Date of promotion same-Officials prior to promotion not belonging to one service or cadre-Seniority, in circumstances, to be determined with, reference to order of preference assigned by appointing authority at time of promotion and in absence thereof by appointing authority. Kh. Muhammad Saeed for Appellant. Additional Advocate-General for Respondents Nos. 1 and 2. Sh. Abdul Aziz for Respondent No. 3. Date of institution: 23rd January, 1977. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-----This is a service appeal under section 4 of the Azad Jammu and Kashmir Service Tribunal Act (hereinafter referred to as an Act) against the order of Director, Health Services No. 2658-60/75, dated 12-5-75, whereby respondent No. 3 Mr. Muhammad Ashraf was promoted to the host of Leprosy Field Officer from that of Senior Leprosy Technician. 2. Brief facts leading to this appeal are that Tassadaq Hussain Shah appellant and respondent No. 3 were both senior Leprosy Technician in the Health Department when the latter was promoted as Leprosy Field Officer vide the aforesaid order of the respondent No. 2. 3. Feeling aggrieved the appellant filed an appeal against the order of promotion of the respondent before the Health Minister and as the same remained undecided for more than a period of one year, he has now come to this Tribunal for the redress of his grievances. 4. The case of the appellant is that as a Senior Leprosy Technical he was senior to the respondent No. 3 and as such was entitled to promotion to the of post Leprosy Field Officer in preference to the said respondent under service rules but ignoring his seniority the said respondent…

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