Case Details

Citation(s)
1985 SLG 496 1985 SLD 496 1985 SCMR 500
Supreme Court of Pakistan
Civil Appeal No.20-P of 1980, decision dated: 28-11-1984.(From the judgment, dated 1-1-1979 of the N.W.F.P. Service Tribunal, Peshawar, passed in Case No. 53 of 1977).
MUHAMMAD AFZAL ZULLAH, M.S.H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ

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ALI ZAMAN

VS

GOVERNMENT OF N.W. F. P.

Law:

Section:

N.-W.F.P. Service Tribunals Act (I of 1974)---S.4--Appeal--Appellant, a Sub-Inspector of Police representing against placing him in List "F" from a date later than 12-6-1967, much earlier than 20-10-1977 and when request was not acceded to, he moved a petition to Government in 1976--Service Tribunal, held, was justified in holding that appeal against such order in view of -provision of S.4 was barred by limitation and liable to be dismissed--Decision of Tribunal on merits should, however, not operate as a bar to consideration of appellant's case for promotion in future. JUDGMENT M.S.H.QURAISHI, J.-- This appeal by leave of the Court is directed against the dismissal of the appellant's appeal by the N.-W.F.P. Service Tribunal on merits as well as limitation. The appellant had been promoted as Sub-Inspector of Police in September, 1965 but had been reverted to the post of A.S.I. and also censured in 1969 in the result of departmental action. He challenged the action by a civil suit, in which he succeeded and was re-promoted to the rank of Sub-Inspector retrospectively from 27-3-1969. He was later placed in Promotion List 'F' but with effect from 20-5-1975 by notification dated 2-6-1975. By this he felt aggrieved because, according to him, he should have been brought on the 'F' List with effect from 12-6-1967 which was the date of his confirmation as Sub-Inspector. His representation was, however, rejected on 7-12-1977. In' the meantime, in the seniority list which had been published on 20-10-1977, he was placed at serial No.88 in the 'F' List whereas according to him he ought to have been placed at No.17. He, thereupon, filed the appeal before the Tribunal on 24-12-1977. 2. The Tribunal was of the view that his appeal which "in fact aims at getting the order dated 2-6-1975 set aside by this…
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