Law:

Section:

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- --R. 4-Departmental promotion-Selection Committees, composi­tion of-To be determined by Government-Committee formed contrary to Government order-Invalid- Recommendations of such Committee do not create any vested right-Cancellation of promo­tion Order based upon recommendation of such invalid committee, held, not exceptionable on plea of principles of locus poenitentiae. (b) Punjab Service Tribunals Act (IX of 1974)- ---S. 4 (1) (a) read with Punjab Civil Servants Act (VIII of 1974), S. 21-Remedy of representation to next higher authority not availed-Appeal before Tribunal riot maintainable. Ch. Mushtaq Masood for Appellants. Haroon-ur-Rashid Cheema District Attorney for Respondents. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).-Messrs Barkat Ali, Ghulam Hussain, Fateh Muhammad and Muhammad Siddique Foresters have filed this appeal under section 4 of the Punjab Service Tribunal -Act 1974 in which they have impleaded the Chief Conservator of Forests, Planning and Evaluation, Punjab, Central Zone; Lahore, Conservator of Forests, Lahore Circle Lahore and the Divisional Forest Officer, Gujranwala/ Sheikhpura Forest Division, Gujranwala as respondents. 2. By virtue of this appeal they have prayed that the Office Order No. 54/OFL, dated 11-12-1982 be set aside. 3. Brief facts of the case are that the appellants were working as Forest Guards in Gujranwala/Sheikhupura Forest Division. In order to fill in the posts of Foresters by promotion, Divisional Foresi Officer, respondent No. 3 formed a Departmental Promotion Committee consisting of Mr. Nasrullah Khan Aziz, Manager, Government Jallo Rosin and Turpentine Factory, Lahore, Malik Muhammad Sharif, F. R. Range Forest Officer, Sheikhupura as members alongwith himself including as chairman: The Committee held a meeting on 16-6-1982 and recommended eight Forest Guards including the appellants for promotion to the rank of Foresters. In. the light of the recommendations of this Departmental Promotion Committee, its recommendees including the appellants were promoted to the rank of Foresters in N.P.S. 5 against the existing vacancies on the terms and…

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