Law:

Section:

Service Tribunals Act (LXX of 1973)-- ----S. 4--Promotion--Posts reserved for departmental promotees to be filled in first before making direct recruitments for posts--One of civil servants' colleagues having obtained a Civil Court decree directing authorities to make promotions first before making direct recruitment to the posts, civil servant although not a party to that decision, could take benefit of the same--Civil servants' appeals were accepted to the extent that the Authority should consider civil servants' cases on the analogy of case of civil servant who had been promoted on the strength of Civil Court decision, benefit whereof could be availed of by aggrieved civil servants. Raja Muhammad Asghar Khan for Appellants. Muhammad Amir Akbar Khan for Respondents Nos. 1 to 3. Dates of hearing: 1st and 2nd December, 1987. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).--All the three appeals are of identical nature. They have been heard together. They are being decided by this consolidated judgment. 2. Mian Ghulam Qadir, the appellant in Appeal No. 321(R) of 1985, is an Assistant Deputy Director-General, Telegraph and Telephones. He entered the Telegraph and Telephones Department as Engineering Supervisor on 11-3-1950 He was promoted to the next higher grade as Assistant Engineer/ Divisional Officer Class-II on 13-8-1954. In the year 1969, there was direct recruitment to a number of Junior Class-I posts in the Telegraph Engineering Service. One of the batch mates of the appellant, namely Mr. Abdul Ahad Siddiqi, resisted the direct recruitment against the Class-I Engineering Service, ignoring the prospective promotees, and he filed a civil suit in the Civil Court at Sargodha and obtained decree to the effect that the posts reserved for the departmental promotees should be filled in first before making direct recruitment for the posts allocated for direct recruitment. This decree was passed on 6-11-1972. It was appealed against by the Government in the District Court, Sargodha. The appeal was disposed of on 15-1-1983 as having abated by virtue of the enactment of the Service Tribunals Act, 1973. The Government did not prefer any appeal before this Tribunal and the…

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