Law:

Section:

(a) Constitution of Pakistan (1973)-- --Art. 212--Service Tribunals Act (LXX of 1973), S. 4(1)(c)-Appeal from original decree--Service Tribunal--- Appellate jurisdiction of Employee/respondent claiming arrears of salary--Claim of employee related to departmental original action of suspension, dismissal and re-instatement order prior to 1st July, 1969--Held, Service Tribunal had no appellate jurisdiction against order or d c ion of departmental authority made before 1st July, 1969 as envisaged by S. 4(i), cl. (c). Khalilur Rehman and others v. Government of Pakistan and others P L D 1981 Kar. 750 distinguished. Khan Faizullah Khan v. Government of Pakistan through the Establishment Secretary, Cabinet Secretariat and another P L D 1974 S C 291 rel. (b) Constitution of Pakistan (1973)-- ---Art . 212--Promotion of employee--Criteria for--Employee claimed promotion on account of excellent service record but retired meanwhile-­Promotion declined due to lack of requisite experience of employee--Held, question of promotion had become academic due to retirement of employee. Syed Inayat Ali for Appellant. J.H. Rahimtoola for Respondent. Date of hearing: 25th March, 1985. JUDGMENT AJMAL MIAN, J.-- This is a High Court Appeal against the judgment and decree passed by a learned Single Judge on 4th April, 1975 in Suit No. 354/69. The brief facts leading to the filing of the above appeal are that the respondent was an employee in the service of the then Government of India in the Customs Department in the year 1945. On 18-6-1951, he was holding the post of Appraiser when he was placed under suspension and was charge-sheeted on 15-3-1952, and thereafter was dismissed from service, with effect from 11-8-1952. On 13-9-1954 the plaintiff filed a declaratory suit challenging his dismissal which was decreed on 23-8-1958. It was held that the orders of suspension and dismissal were illegal, void and inoperative and that the respondent continued to be and was entitled to be treated in service and on duty from 11-8-1951. The Government filed first appeal against the above judgment and decree, which was dismissed on 22nd December, 1962. The second appeal filed by the appellant was also…

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