Law:

Section:

(a) Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-- ---R. 4(1)--Sind Service Tribunals Act (XV of 1973), S. 4--Promotion--Appeal-­Limitation--Respondents shown junior to civil servant in seniority list, were promoted--Chief Minister being the Authority for issuing orders for promotion, civil servant was required to file review petition before him but instead he made representation to the Secretary of the concerned Department--Such representation was also not filed within statutory period of thirty days of the order of respondent's promotion--Even if such representation was treated as review petition intended for the Chief Minister, civil servant in the absence of the decision of Chief Minister on such petition, had to file the present appeal before Tribunal within thirty days following the expiry of ninety days period from the date of filing of said review petition--Civil servant having filed representation on 1-12-1985, appeal before Service Tribunal had to be filed by 1-4-1986-Appeal having been filed on 17-1-1987 was thus badly time-barred. (b) Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-- ---R. 4(1)--Promotion of respondents in accordance with prescribed procedure-­Neither respondents nor any other promotees occupied the upgraded posts without going through the normal process of promotion--Appointment to upgraded posts having been made by way of promotion, appellant could not expect to get such post automatically on the basis of his seniority. (c) Locus poenitentiae-- ---Principle of--Power of receding till a decisive step is taken--Until provisional seniority list was finalized, competent Authority was free to make necessary notifications in respect of promotions, as per rule laid down by Supreme Court in Pakistan v. Muhammad Himayat Ullah reported as P L D 1969 S C 407. Pakistan v. Muhammad Himayatullah P L D 1969 S C 407 rel. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This case arose from the facts which are briefly narrated as follows: The appellant as well as two respondents namely Dr. Nooruddin Oureshi and Dr. Faiz Muhammad Memon were selected by the Public Service Commission in the same selection held on…

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