Case Details

Citation(s)
1984 SLG 1672 1984 SLD 1672 1984 PLC 1092
Service Tribunal, Punjab
Case No. 534/1353 of 1981, decided on 28th July, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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SHAUKAT ALI

VS

GOVERNMENT OF PUNJAB THROUGH SECRETARY HOUSING AND PHYSICAL PLANNING DEPARTMENT AND ANOTHER

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)---- --- S. 4--Bar of jurisdiction-Ad hoc appointee-Rendered 28 years service, often held charge of higher post but was denied regular promotion-Appeal before Tribunal not maintainable due to bar of jurisdiction as Civil Servant can only be promoted by department itself. Ch. Mushtaq Masood for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). -Shaukat Ali, Assistant Engineer, Office of the Project Director, Survey, Planning and Design, Public Health Engineering Department has filed this appeal under section 4 of the Punjab Service Tribunals, Act 1974 in which he has impleaded the Government of the Punjab through Secretary to Government of the Punjab, Housing and Physical Planning Department, Lahore and the Chief Engineer, Public Health Engineering Department, Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the appellant be declared to be entitled to be regularly inducted as Sub-Divisional Officer from the date earlier to his juniors who have not superceded the appellant and the respondents may be directed to pay to the appellant, the remunerations of the post of the Sub-Divisional Officer with effect from 7th February, 1972 till todate. 3. Brief facts of the case are that the appellant was appointed on ad hoc basis as Sub-Divisional Officer but was later on reverted to 1972 to the substantial post which he held as Sub-Engineer. The appellant has been holding number of times charge of the post of the S. D. O. in his own pay and scale but has not been able to become a regular Sub-Divisional Officer. Hence this appeal. 4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the department and perused the record of this case carefully with their assistance. The main grievance put forward on behalf of the appellant is that he has 28 years of length of service in the department and during which period many of his juniors have regularly been promoted as Sub-Divisional Officer. Whereas the appellant has not been able to reach this in regular manner. It has been…
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