Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S.4--No final order on departmental representation of appellant communicated to him--Appeal to Tribunal not competent--Appointment of respondent on deputation in no way affect any terms and conditions of appellant or giving rise to any cause of action--Appeal not competent. (b) Service Tribunals Act (LXX of 1973)-- ---S.4--Expunction of adverse remarks in ACR--Appeal to Tribunal can be made against expunction of adverse remarks only after such remarks have been conveyed to appellant and he has exhausted all available departmental remedies. M.S. Siddiqui for Appellant. Sardar Muhammad Amir Akbar Khan for Respondents. Raja Muhammad Asghar Khan for Respondent No.1. Date of hearing: 25th March, 1987. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--It is the case of the appellant that in 1966 he was appointed as Range Forest Officer in the Northern Areas and he was promoted as Sub-Divisional Forest Officer in NPS-17 with effect from 20-5-1984, initially on ad hoc basis and subsequently his services were regularized retrospectively with effect from the date of initial promotion. By an order dated the 17th August, 1979, issued by the Kashmir Affairs and Northern Affairs Division, the appellant was posted as Divisional Forest Officer which post was in Grade-18 but he was posted thereto in his own grade i.e. Grade-17. The appellant submitted representations requesting for his formal promotion to Grade-18 and his such representations were recommended by the Commissioner, Northern Areas. Thereon by an order dated the 10th of August, 1982, as clarified by a letter dated the 1st of December, 1982, the appointment of the appellant in Grade-17 had been regularised with effect from 20-5-1974 but he was not allowed a formal promotion to Grade-18, instead, by an order dated 19-6-1982 he was reverted from a Grade-18 post, a Divisional Forest Officer, to a Grade-17 post, a Sub-Divisional Forest Officer, while two posts of Divisional Forest Officer were available in the Department. The appellant, therefore, after challenging his such reversion by a departmental appeal dated 27-7-1982, filed an appeal in the Service Tribunal being Appeal…

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