Case Details

Citation(s)
1989 SLG 1256 1989 SLD 1256 1989 PLC 335
Service Tribunal, N.W.F.P.
Appeal No. 133 of 1988, decided on 22nd February, 1989.
MALIK MUHAMMAD PARVEZ KHAN, CHAIRMAN AND SAHIBZADA MUHAMMAD FARIDOON KHAN, MEMBER
Mehboob Ahmad Shah for Appellant. Special Government Pleader for
Respondent.

ABDUR RAHIM

VS

SECRETARY TO GOVERNMENT OF N.W.F.P., EDUCATION DEPARTMENT, PESHAWAR

Law:

Section:

North-West Frontier Province Service Tribunals Act (I or 1974)- ---S. 4--Promotion--Appellant not granted move-over from BPS-17 to BPS-18-­Legality--Jurisdiction of Service Tribunal, whether barred--Selection Board empowered to grant move-over, subject to approval of Authority--Cases not approved by Selection Committee were not sent to Authority for approval--Such practice was not legal and proper, because Selection Boards are constituted only to facilitate work of Authority--Appellant's case was not sent to Authority and recommendations of Selection Board not to recommend move-over of appellant could not be made subject-matter of appeal--Appeal being incompetent was dismissed in circumstances. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant preferred the present appeal against respondent's order for not granting the move-over to him from BPS-17 to BPS-18 with effect from 1-12-1984. According to him he is serving as Lecturer in Economics in the Education Department since 1-11-1973 and was entitled to the move-over to the next higher grade since 1-12-1984. His case was forwarded to the concerned quarter which was sent back on 31-3-1985 with the endorsement that he is not considered suitable for move-over. There was no ground given for unsuitability of the appellant to earn the move-over, therefore, he under the apprehension of adverse ACR for the year, 1983 approached the authority for the expunction of the same because he had got bad relations with the Reporting Officer which resulted in an enquiry against his Immediate Officer and the adverse remarks affecting the move-over were set aside in toto while his case was again submitted for the grant of move-over. However, the same was deferred with the remarks dated 4-4-1987 that he should earn one more report. After the writing of the ACR again his case was put before the concerned forum but to his entire dissatisfaction he received the order dated 9-3-1988 that he was not considered suitable due to his unsatisfactory record of service. According to him his case of move-over was thoroughly examined and deferred vide previous order and the impugned order was illegal, ultra vires, contrary to the earlier…
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