Case Details

Citation(s)
1987 SLG 1435 1987 SLD 1435 1987 PLC 917
Service Tribunal, Punjab
Case No. 758/1261 of 1984, decided on 13th October, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN

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Raja MUHAMMAD NAZIR

VS

CONSERVATOR OF FORESTS and 3 others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-- ---S.8--Promotion--Departmental Promotion Committee deffering case of promotion of appellant for want of complete record at time of promotion of his juniors--Later on when record was made available and appellant was promoted and notification of his promotion issued with effect from date when his promotion was due, there was no vacancy available and as Finance Department showed its inability to create a post, Government changed date of promotion of appellant and ordered same from a later date--Held, appellant could not be considered at fault for inaction of department to make record available to give him his due--Omission on part of Finance Department could not be allowed to effect vested rights of appellant which stood created in his favour after issue of said notification--Unilateral action of Government regarding change of date of promotion without giving appellant a show-cause notice could not be condoned--Impugned order of change of date of promotion of appellant set aside and case remanded to respondent to proceed from stage where fault occurred. Appellant in person. Haroonur Rashid Cheema for Respondents. JUDGMENT Raja Muhammad Nazir, Forest Range Officer, Lower Topa, Murree Hills, has filed this appeal a/s 4 of the Punjab Service Tribunals Act, 1974 for setting aside the order dated 6-5-1978, substituting the date of promotion of the appellant from 1-11-1975 to 6-5-1978, making him to be junior to respondents No.4 to 11. He has impleaded the Conservator of Forests, Rawalpindi Circle, Chief Conservator of Forests, North Zone, Rawalpindi and Secretary to Government of the Punjab, Forestry and wildlife & Forestry Department, Lahore and M/s. Muhammad Mumtaz Khan, Khushi Muhammad, Muhammad Nawaz, Abdul Razak, Shafqat Hussain, Aftab Ahmad, Abdul Hamid, Muhammad Usman, Jan Muhammad, Feroze Khan, Ghulam Shabbir and Siddique Ahmad, as respondents. 2. By virtue of this appeal he has prayed that impugned order dated 6-5-1978, passed by respondent No.1 be set aside and appellant be restored his original seniority in the cadre of Deputy Rangers. 3. Brief facts of the case are that the appellant joined service in the…
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