Case Details

Citation(s)
1985 SLG 2285 1985 SLD 2285 1985 PLC 986
Service Tribunal, Punjab
Case No. 763/1058 of 1984, decided on 6th May, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER

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Syed ISHFAQUL HASSAN

VS

SECRETARY TO GOVERNMENT OF PUNJAB, CO-OPERATIVE DEPARTMENT AND 7 OTHERS

Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974- -R. 9(2)-Pro forma promotion--Cannot be claimed as of right- Within discretion of competent authority to grant same on basis of service record-Civil servant considered for promotion alongwith his juniors but superseded as not found suitable for promotion by Departmental Promotion Committee-Held: Could not subsequently claim seniority over his juniors promoted earlier and consequential pro forma promotion. Mian Hamid Farooq for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). -Syed IshfaquI Hassan, Assistant Registrar, Co-operative Societies (RRC&AM), Punjab, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, for the correction of seniority list of Assistant Registrars' Co-operative Depart­ment Punjab, as stood on Ist January, 1974, which was prepared by the Department wherein respondents Nos. 3 to 8 were shown senior to the appellant. He has impleaded the Government of the Punjab through the Secretary, Co-operative Department Civil Secretariat, Punjab, Lahore, Registrar, Co-operative Societies Punjab, Lahore, S. Hamid Ahmad Shah, Noor Ahmad, Akh. Muhammad Zafarullah, Ch. Muhammad Din, Mian Qadir Bakhsh and Abdul Majid Bhatti, as respondents. 2. By virtue of this appeal he has prayed that the seniority list of 1st January, 1984, be set aside qua the respondents so impleaded. 3. Brief facts of the case are that the appellant was appointed on 23rd January, 1961, as Inspector, Co-operative Societies in the Co-operative Department, Lahore. In the seniority list of 31st December, 1971 the appellant was placed at serial No. 92 and respondents Nos. 3 to 8 at serial No. 93 to 98, respectively. Similarly in seniority list of 1976, the appellant enjoyed the position of seniority over respondents. In the Departmental Promotion Committee meeting held in the year 1979, the case of the appellant was considered but was deferred due to the reason of non-receipt of A. C. R. in the year 1980. In the same meeting respondents Nos. 3 to 8 were promoted as Assistant Registrars in the year 1979. When appellant came to know…
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