Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)- -- S. 4(a) - Appeal before Tribunal - Exhausting departmental remedy-Condition precedent-Representation by son of appellant-­Besides being against norms of service discipline, held, irregular and not valid for maintaining appeal before Tribunal. (b) Sind Service Tribunals Act (XV of 1973)- -- S. 4 (b)-Promotion-Rules requiring minimum 5 years' service in lower grade-Such rule not relaxed by Governor - Appellant claiming promotion-Held : It is not within powers of Tribunal to relax service rules nor can order promotion. Nasrullah Awan for Appellant. Hasan Akbar, Asstt. A.-G. for Respondents. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN). - The appellant, an Excise and Taxation Officer (Retired) has preferred this service appeal to claim ante­dated promotion in Grades 16 and 17 and pro forma promotion in Grade-18 with refixation of pay and consequential benefit in his pension. The facts of his case are as under :- The appellant had joined the Indian Army as a J. C. O. on 2nd February, 1942. In the year 1947 after partition the appellant migrated to Sind. On 17th June, 1948 he was appointed Taxation Sub-Inspector in the Province of Punjab. On abolition of the provinces he was promoted as Taxation Inspector on 17th April, 1962 in West Pakistan and transferred to Sind Region on 5th August, 1966. On 28th December, 1967 the appellant was transferred from Lyallpur to Karachi. Ultimately, on abolition of One-Unit the appellant was allocated to Province of Sind on 1st July, 1970. The appellant was being considered as having entered service in the Sind Province from 1st July, 1970. He, therefore, made representation to the Governor of Sind, who granted his request and allowed him due seniority from the date of his actual appointment in the Province of Punjab. In the seniority list, dated 22nd November, 1978 of Excise and Taxation Inspectors, Grade 11 he was shown at serial No. I in the list consisting of 90 officers and the date of his appointment in Grade-11 was shown as 17th April, 1962. After the seniority of the appellant was allowed in November, 1978 he was promoted on the basis of this new seniority to Grade-16 on 14th June, 1979…

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