Case Details

Citation(s)
1984 SLG 1044 1984 SLD 1044 1984 PLC 104
Service Tribunal, Punjab
Case No. 265/ 1744 of 1982, decided on 19th May, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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ABDUL RASHID

VS

DIRECTOR, LABOUR WELFARE, GOVERNMENT OF THE PUNJAB AND 4 OTHERS

Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Appeal before Tribunal - Limitation - Representation against impugned order made-No reply received-Appeal filed after waiting for 90 days and within thirty days thereafter-Within prescribed limitation period. (b) Punjab Service Tribunals Act (IX of 1974)- -- S. 4(I)(b)-Promotion-Scrutiny of administrative discretion to re-determine fitness or otherwise of a civil servant to hold a parti­cular post or for promotion to higher post-Beyond jurisdiction of Tribunal-Jurisdiction not barred in question of consideration for promotion under rules applicable-Consideration for promotion under relevant rules-Right of civil servants-Bar of jurisdiction-­Not applicable to scrutiny of such question-Civil servant deprived of promotion without any fault on his part and promotion given to someone else subsequently found to be void ab initio-Civil servants, in circumstances, held, entitled to pro forma promotion from due date with -consequentiai benefits including arrears of pay and allowance and seniority. S. Bashir Ahmad Qazmi v. Auditor-General of Pakistan and 4 others 1980 P L C (C. S.) 356 ; Muhammad Sharif v. Secretary, Irrigation & Power Department etc. 1981 P L C (C. S.) 562 ; Ashfaq Ahmad v. I.-G. Police, Punjab and others 1981 P L C (C. S.) 875; L-G. Police, Punjab v. Ashfaq Ahmad and others 1983 S C M R 34 and Iftikhar Ahmad Butt v. I.-G. Police, Punjab etc. N L R 1981 T D 537 ref. Masud Ahmad Riaz for Appellant. A. G. Humuyun, District Attorney for Respondents Nos. 1 and 2. Syed Jamshed Ali for Respondent No. 5. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Mr. Abdul Rashid has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Director, Labour Welfare, Govern­ment of the Punjab, Lahore, Secretary to Government of the Punjab, Labour Department, Lahore, Mr. Masud Ahmad Rana, Assistant Labour Officer, Shops and Weights, 4l-B, Hill View, Lahore, Mr. Ehsanullah Mirza, Assistant Labour Officer/Superintendent (Rtd.), now R/O House No. 5, Street No. 61, Haider Road, Islampura, Krishan Nagar, Lahore and Mr. Muhammad Sharif, Labour Officer, Office of Joint Director Labour…
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