Law:

Section:

Civil Servants Act (LXXI of 1973)--- ---S. 22--Service Tribunals Act (LXX), S. 4-Civil Servants (Appeal) Rules, 1977, R. 4--Promotion to higher post/grade--No appeal/review competent on matters relating to determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade. It is laid down in the proviso to section 22 of the Civil Servants Act, 1973 that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to higher post or grade. It is also provided in proviso to Rule 4 of the Civil Servants (Appeal) Rules, 1977 that no appeal or review shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade. These two barring provisions are up to the departmental level. There is also bar to an appeal to this Tribunal against an order or decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or to hold a particular post or to be promoted to a higher grade, as contained in proviso (b) to subsection (1) of section 4 of the Service Tribunals Act, 1973. S. Afzal Hydri v. Secretary, Establishment Division 1985 P L C (C.S.) 521 ref. Raja Muhammad Asghar Khan for Appellant. Respondent No. 5 in person. Date of hearing: 3rd April, 1989. JUDGMENT SYED ALLY' MADAD SHAH (CHAIRMAN).---- Appellant Mr. Sharif Pervaiz a Senior Research Officer in the Defence Science and Technology Organisation Defence Production Division has Preferred this appeal for his promotion from B-18 to B-19. His case, briefly stated, is that he is an M.Sc. in Physics with specialisation in Electronics and was directly recruited as a Research Officer (Electronics) (B-17) in February 1966 and was promoted as Senior Research Officer (B-18) in April, 1974. According to him, he had several achievements to his credit in his field. His seniority position in the seniority list published under DESTO's No. 3068/2/DESTO/Labs' dated 27th September. 1983 was at S. No. 3, while the respondents Nos. 4 and 5, M/s. Arshad Ahmad and Nasim lqbal, respectively, occupied positions at…

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