Case Details

Citation(s)
1985 SLG 1480 1985 SLD 1480 1985 PLC 26
Service Tribunal, Punjab
Case No. 86/1598 of 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND MALIK ZAWWAR HUSSAIN, MEMBER

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MUHAMMAD SALEEM BHATTI

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT, LAHORE and 2 others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Pro forma promotion--Cannot be claimed as a right--Department accepted appellant's claim for seniority but denied pro forma promotion on ground that it would upset entire structure in cadre and create unsurmountable difficulties--Tribunal upheld decision holding that pro forma promotion cannot be claimed as of right and it is absolutely for department to see whether a civil servant can be granted pro forma promotion or not. Zafar Iqbal Bajwa for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Muhammad Saleem Bhatti has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary to Govern­ment of the Punjab, Agriculture Department, Lahore, Director General (Research) Ayub Agricultural Research Institute, Faisalabad and Farzand Ali Khan, Assistant Botanist (Wheat), Ayub Agricultural Research Institute, Faisalabad, as respondents. 2. By virtue of this appeal he has prayed that respondent No.1 be directed to assign pro forma promotion to the appellant in N.P.S.17 plus Rs.150 S.P., w.e.f. 25-9-1968, being the senior to respondent No.3 Farzand Ali Khan, taking into consideration the provision of West Pakistan Agriculture Service (Research Wing) Class II Rules, 1963. 3. Brief facts of the case are that the appellant who was Agriculture assistant, was promoted to the post of Assistant Botanist (Wheat) in N.P.S.17 plus 150 S.P., w.e.f. 28-2-1978, whereas respondent No.3 Farzand Ali Khan joined as Agriculture Assistant on 27-8-1956 and was transferred to Research Cadre/Wing at his own request on 8-6-1963. Farzand Ali Khan respondent No.3 was promoted as Assistant Botanist w.e.f. 26-9-1968. During this period a number of persons decidely senior to the appellant were also promoted. Aggrieved against this seniority, the appellant filed a representation before the competent authority and who after considering the entire case came to the conclusion that the appellant was senior to Farzand Ali Khan and thus Farzand Ali Khan was brought down and placed junior to the appellant. After the said grievance was so…
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