Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S. 4(1)--Appeal against promotion of employees junior to petitioner-­Limitation--Maintainability--Promotion--Appellant's promotion case was deferred due to his being on long leave while his juniors were promoted-­Representation of appellant was not addressed to appropriate authority--Such representation could not be taken as representation within meaning of S. 4(1) of Service Tribunals Act--Cause of action arose to appellant when his juniors were promoted but orders of their promotion were not contested by appellant and his appeal to Tribunal was also barred by time--No satisfactory explanation for delay had been offered and in fact there was no application for condonation of delay-­Appeal dismissed in circumstances. JUDGMENT SALAHUDDIN CHAUDHRI (MEMBER).--The appellant, Muhammad Ishaque, is an engineer working for T & T Department. In April 1981, when he was Divisional Engineer (BPS-18) holding charge of the current duties of Deputy Chief Engineer, he proceeded on leave ex-Pakistan. While he was abroad, the Central Selection Board met in May 1982 to consider the cases of eligible candidates for promotion to posts in BPS-19 but the appellant's name was not considered for reasons of his absence from the country. The relevant portion of the Director General's letter dated June 8, 1982 on the subject reads as under: - "You cannot be considered for selection because of your absence from country as under the existing rules those who have proceeded on deputation or long leave are required to earn one years' confidential report after their return to become eligible for such consideration." Those approved including some the appellant's juniors were promoted vide notification dated 29th May, 1982. In the meeting of the Selection Board held in August 1983, although the appellant's name was considered yet it was again not approved. This time it was deferred on the ground that under the qualification formula contained in the promotion policy introduced by the Establishment Division vide its letter of 31st October, 1982 and on the basis of the evaluation of his A.C.Rs the appellant did not yet have to his credit the minimum marks…

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