Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4(b)(1)--Jurisdiction--Reversion--Legality--Service Tribunal cannot adjudicate upon matters of promotion/reversion--Service Tribunal could not interfere with prerogative of departmental authority--Civil servant having been promoted for a specified purpose and when that was obtained he was reverted-­No injustice, held, was done to civil servant in circumstances. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant assailed the impugned order dated 1-6-1987 vide which he was reverted from the post of Excise and Taxation Inspector to that of Senior Clerk in the Establishment. According to him he joined the department as a Junior Clerk in the year, 1967 and from that time onward he had been performing his duties honestly and efficiently. He was promoted to the post of Inspector on 23-6-1986 at the recommendations of the Departmental Selection Committee and alongwith him one Malik Muhammad Zahir was recruited from direct quota. After a year however the appellant was reverted to his original post while Malik Muhammad Zahir was allowed to continue as such. However an incumbent of the department went on earned leave later on and the appellant was again promoted in his place on 4-6-1987. The department violated its own rules by ordering the reversion of the appellant. He preferred an appeal to .the concerned Minister but instead of taking any positive action, an enquiry was conducted against him as to why he has approached the Minister to seek his redress. The reversion of the appellant is illegal, void, mala fide, capricious, arbitrary and against law and cannons of justice and equity. Respondents when served, denied the claim of the appellant by saying that they have complied with the rules which formulate a policy for the promotees and the direct employees against quota of 50% each and the appointment of Malik Muhammad Zahir was against the quota reserved for the direct recruits. If he was kept in service it in no way affected the rights of the appellant adversely, but no junior .person than the appellant was promoted by superseding him. During the pendency of the appeal, it so happened that…

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