Case Details

Citation(s)
1984 SLG 1435 1984 SLD 1435 1984 PLC 804
Service Tribunal, Punjab
Case No. 200/1333 of 1981, decided on 29th July, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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ABDUL GHAFOOR AND ANOTHER

VS

SUPERINTENDING ENGINEER, IRRIGATION, CENTRAL REGION AND 4 OTHERS

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)----- -- S. 4 (b)-Promotion-Prerogative of competent superior to be made on principle of Seniority-cum-fitness-Tribunal not empo­wered to order promotion. Ch. Muhammad Tufail Basra for Appellants. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Messrs Abdul Ghafoor and Sikandar Hayat have filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which they have impleaded Superintending Engi­neer, Hqrs. Central Region, Lahore, Chief Engineer, Irrigation, Central Region, Lahore, Secretary to Government of the Punjab, Irrigation and Power Department, Lahore and Messrs Muhammad Ramzan and Muhammad Mateen, Assistants office of Director, Indus Water Treaty, Punjab, Lahore, as respondents. 2. By virtue of this appeal the appellants have prayed that the direction be issued to respondents Nos. 1 and 2 that the respondents Nos. 4 and 5 be taken back to the office of said respondents and resultantly the appellants be posted to the posts of Assistants in consequence of the above direction. They have also prayed that the back benefit of the post of Assistants from the date of posting of respondents Nos. 4 and 5 be also given to them. 3. Brief facts of the case are that the appellants were the employees of Director, Indus Water Treaty, Punjab, Lahore, working as Senior Clerks since 1975 and 1974, respectively. Appellant No. 1 was Z regular allocatee of Faisalabad Irrigation Region, while appellant No. 2 was allocatee of Lahore Region. This Directorate was earlier an independent Directorate although on temporary basis and it was finally attached to the office of Chief Engineer, Irrigation Central Region respondent No. 2 since 1973. The appellant at one stage felt that his rights of promotion were being discriminated and he came before this Tribunal through Appeal No. 216 of 1979, which was dismissed with the following observa­tions ;- ",,,.We feel it fair that the department should consider and accommodate them in the organization on permanent basis and also to redress their grievances with regard to their chances of promo,,,," In view of the said observation…
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