Law:

Section:

Constitution of Pakistan (1973)---Art.212(3)--Punjab Service Tribunals Act (IX of 1974), S.4--Civil services--Promotion--Leave to appeal--Granted to consider whether Government of the Punjab was not justified in withholding case of petitioner from Public Service Commission considering case of respondents for promotion. ORDER NASIM HASAN SHAH, J.--The petitioner was appointed as Temporary Engineer by direct recruitment on the recommendation of the then West Pakistan Public Service Commission, with effect from 18-8-1955. On the promulgation of 1967 Service Rules P.S.E. Class II he was inducted into class II with effect from 1-7-1963. He was removed from service or. 4-5-1971. This order was successfully challenged by him and the same was set aside by this Court and he was re-instated in service on 10-8-1973. Two enquires were pending against him which ultimately concluded in the year 1970. He was exonerated in one and awarded a minor punishment in the other. In the meanwhile, the case of promotion of respondents Nos.2 to 37 was considered and they were promoted on the advice of the Public Service Commission. The petitioner was promoted in the year 1973. He claimed seniority on the ground, inter alia, that his case was illegally not forwarded to the Public Service Commission when respondents Nos. 2 to 37 were promoted on the ground that he had been awarded punishment. However, a minor penalty was no bar to his being considered for promotion. According to him, he was eligible to rank senior to the respondents despite the fact that he was promoted later. The above claim of the petitioner was not accepted and his representations to the Secretary, Government of the Punjab, C & W Department were rejected. He filed an appeal before the Punjab Service Tribunal but this was also dismissed. Hence this petition for leave to appeal. Mr.A. Waheed Saleem, learned counsel for the petitioner, drew our attention to Circular No. SOIV (S&GAD)-i-75/67 (Policy), dated 7-1-1969 issued by…

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