Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--Jurisdiction of Service Tribunal--Power to appoint a particular person on a particular post does not vest in Service Tribunal-­Respondent although appointed as Director Agricultural Engineering as a stop-gap arrangement, yet appellant being the senior most person, if qualifying otherwise, might be considered for the said post because in the long run respondent could claim pay of the said post which would automatically harm the interest of the appellant--Appointment of a junior person on a higher post was apt to affect adversely working of the department and create a sense of frustration, confusion, inefficiency, insubordination and lack of interest in performance of the duty--Appeal dismissed. Atiq-ur-Rehman Qazi for Appellant. Muhammad Aslam Khan, Public Prosecutor for Respondents Nos. l and 2. Respondent No. 3 in Person. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant Shah Abdur Razzaq Gillani has assailed the impugned order dated 4-5-1987 of respondent No.l vide which respondent No.3 a junior person was appointed as Director Agricultural Engineering Department N.W.F.-P, Peshawar on the ground that he joined the department as Agricultural Engineer on 16-10-1974 after qualifying the competitive examination held by N.W.F.P. Public Service Commission and he at present is the most senior officer in the department which fact was established on the querry of the department, from the Pakistan Engineering Council. It so happened that after the retirement of one Sher Muhammad Khan from the post of Director Agricultural Engineering, N.-W.F.P., Peshawar on 4-1-1986 a junior person Mr. Abdul Wahab was appointed as Director on 26-3-1986 as a stop-gap arrangement. later on this appointment was discussed in the Provincial Assembly and the Government, undertook to relieve him of the job and in his place to appoint a senior person. But for the reasons best known to the respondents vide impugned order dated 4-5-1987 respondent No.3 the most junior person who worked as subordinate officer under the appellant was directed to take over the charge of the post temporarily, as a stop-gap…

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