Law:

Section:

(a) Punjab Local Council Service (Appointment and Conditions of Service) Rules, 1983----- ---R.23--Promotion of employee--Qualification and requirement--Graduate employees were to be promoted--Relaxation of condition of qualification, held, could not be claimed as matter of right=-Competent authority could not be directed by Service Tribunal to act against discretion of competent authority. (b) Punjab Service Tribunals Act (IX of 1974)----- ---S. 4--Appeal against refusal to promote employee--Where decision of authority was based on exercise of discretion, employee having no vested right to be promoted, Service Tribunal, held, would not interfere particularly when decisions of authority would be inclined to promote qualified officers. Haji Mushtaq Ahmad Aqil for Appellant. Malik Ghulam-us-Sayyadain for Respondent. JUDGMENT MIAN FAIZ KARIM (MEMBER).-- Pir Mahmood Shah has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order, dated 17-2-1985 passed by Secretary, Local Government and Rural Development Department, Punjab, Lahore (respondent No.l). The appellant has impleaded the Secretary Local Government and the Punjab Local Government Board, Lahore as respondents. 2. Through this appeal the appellant Mahmood Shah has prayed that the impugned order, dated 17-2-1985 of the Secretary, Local Government, Punjab may be set aside and the respondent No.l to be directed to grant relaxation of the condition regarding educational qualifications of the appellant. 3. Brief facts of the case are that the appellant Pir Mahmood Shah while he was serving Taxation Officer, Zi1a Council, Sahiwal filed representation on 17-1-1985 to the Secretary, Punjab Local Government for promotion to BS-18 but it was filed vide letter, dated 17-2-1985 addressed to the appellant on the ground that the prescribed qualification for BS-18 is Graduate from a recognised University under the Punjab Local Councils (Appointment and Condition of Service) Rules, 1983 but the appellant was not a graduate from any recognised University. The letter indicated that for the said reason the appellant was superseded and not promoted to BS-18. Hence this appeal. 4. At the…

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