Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 212(3)-Service Tribunals Act (LXX of 1973), S. 4-Leave to appeal-Granted to consider (i) whether order of Tribunal could be sustained because it had taken into consideration same material presented to it behind back of petitioner and (ii) whether Tribunal could refuse relief merely on its opinion. (b)Service Tribunals Act (LXX of 1973)- ---S. 4-Civil service-Promotion-Jurisdiction of Tribunal-Question of suitability of appellant for promotion-Held, competently be decided by Tribunal itself.-[Jurisdiction]. M. Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 S C 22; province of Punjab v. Ramzan Ali Khan P L D 1982 S C 349 and Secretary, government of Punjab v. Ahmad Kamaluddin 1981 SCMR 392 ref. (c) Constitution of Pakistan (1973)- ---Art.212-Service Tribunals Act (LXX of 1973), S. 4-Civil service-Promotion-Objection that relevant record was not shown to appellant not taken before Tribunal-Held, could not be raised before Supreme Court. M. S. Siddiqi, Advocate Supreme Court for Appellant. Munir A. Sheikh, Deputy Attorney-General instructed by Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 11th March, 1984. JUDGMENT M. S. H. QURAISHI, J.-This is an appeal under Article 212(3) of the constitution from the order of the Service Tribunal dated 21-1-1981 dismissing the appellant's appeal. 2. The appellant, who had been a 'B' Grade Clerk in India before the partition, was, on option given for service in Pakistan, allocated to the Finance Division. Having qualified at the Ministerial Services Examination held by the Federal Public Service Commission in undivided India, he was eligible for promotion to the post of an Assistant. He became due for such promotion on 9-12-1948 but by some mistake on the part of the Department he was promoted on 27-6-1949. However, in the result of his repeated protests the error was rectified by order dated 3-8-1973 and he was given his promotion and seniority as Assistant with effect from 9-12-1948. He then requested that he should be considered for promotion as Superintendent retrospectively on the basis of his having been an Assistant from 9-12-1948. This request…

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