Law:

Section:

Sind Service Tribunals Act (XV of 1973)-- ---S. 4(b)--Jurisdiction of Tribunal--Notional promotion--Fixation of pay as a result of pro forma promotion cannot precede stage of grant of notional promotion--Matter not within jurisdiction of Tribunal--Appellant retired under M.L.R. 114 and re-instated under M.L.O. 23--Seniority in Grade-17 disputed prior to retirement and settled during retirement period--Placed in Grade-17 on re-instatement and subsequently promoted to Grade-18--Claiming seniority over juniors since promoted earlier in Grade-18 and also notional promotion and fixation of pay in Grade-18 from date of promotion of junior--Tribunal, in circumstances, held, cannot entertain claim for fixation of pay taking into consideration date from which appellant ought to have been promoted. Aftab Ahmad Shaikh for Appellants. Hasan Akbar, A.A.-G. for Respondents. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).-- The appellants in their service appeals under section 4 of the Service Tribunals Act, 1973 claim notional promotion from the dates their juniors were promoted in Grade-18 and fixation of their pay, taking into effect the date from which they ought to have been promoted on the basis of Finance Department circular and proviso to M.L.O. 23, para. 5. The facts in brief are that the appellant Faqir Muhammad Dahar, joined P. C. S. Executive Branch in Grade-17 on 27-9-1965. His seniority in the cadre in Grade-17 remained under dispute. Meanwhile, the officers who were, in his opinion, junior to him, viz., M/s. Ali Dino Panhwar, Abdul Wahab Shaikh and Muhammad Hashim Memon received promotions to Grade-18 on 13-10-1970, 8-2-1972 and 28-2-1972 respectively. While this dispute regarding seniority was pending appellant Faqir Muhammad Dahar was retired under M.L.R. 114. The case of the other appellant Baldev Mathrani is also more or less similar. He joined the West Pakistan Civil Service, Executive Branch as direct recruit on 5-4-1963. His seniority was also in dispute and meanwhile the above three officers were promoted to Grade-18 and this appellant too was retired under M.L.R. 114 on 13-3-1972. Later on the Government of Sind, S&GAD issued notification in respect of the…

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