| 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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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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