Case Details

Citation(s)
1986 SLG 2287 1986 SLD 2287 1986 PLC 828
Service Tribunal, Punjab
Case. No. 252/732 of 1984, decided on 21st May, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER

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ABDUL WAHID KHAN and 4 others

VS

CENTRAL ZONE, PUNJAB and 8 others

Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Limitation--Appeal claiming consideration for promotion contested on grounds of limitation inasmuch as eligibility for promotion was barred by notification issued earlier--Appellants not challenging vires of such notification but pressing that same was not applicable and that cause of action arose only when their juniors were promoted--Appeal filed within limitation period from promotion of juniors, held, within time and objection as to limitation repelled. (b) Punjab Forest Service (Class II) Rules, 1941----- ------West Pakistan Forest Service (Class I). Rules, 1962, Notification No. SOR-III-1-32/71, dated 16-4-1976--Punjab Forest Department (Ministerial/ Executive Posts) Recruitment Rules, 1979--Promotion of Range Forest Officers as Sub-Divisional Forest Officer in Grade-17-­Notification, dated 16-4-1976 prescribing Degree or Diploma as minimum qualification for promotion as S.D.F.O., held, would have prospective effect and could not be given retrospective effect. 1982 S C 'M R 888; P L D 1960 S C 105; P L D 1973 S C 144 and 1984 P L C (C.S.) 21 rel. (c) Punjab Service Tribunals Act (IX of 1974)------ ---S. 4(1)(b)--Promotion--Eligibility and consideration for promotion-­Distinguishable from prospects of promotion--Appeal claiming eligibility and consideration for promotion, held, maintainable. 1984 S C M R 105 rel. Masud Ahmad Riaz for Appellants. M. Iqbal Chaudhry for Respondents Nos. 3 to 9. Masud Ahmad Ghuman, Deputy District Attorney for Respondent ­Departments. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN):-- M/s Abdul Wahid Khan, Zakaullah Qureshi, Mian Ghulam Mustafa, Abdul Majid, Nazar Hussain, Sub-Divisional Forest Officers, have filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which they have impleaded the Chief Conservator of Forests (P&E), Punjab Central Zone, 24-Cooper Road, Lahore, Secretary to Government of the Punjab, Forestry, Wildlife and Fisheries Department, Civil Secretariat, Lahore M/s. Muhammad Masood Javaid Bhutta, Principal, Forest School, Ghoragali, Muhammad Insha Ullah, Assistant Director (Horticulture), Lahore Airport, Ali Hassan Sub-Divisional…
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