| Citation(s) |
|---|
| 1989 SLG 2451 1989 SLD 2451 1989 PLC 853 |
Service Tribunal, Punjab
Cases Nos. 212/1721 and 213/1722 of 1982, decided on 22nd January, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID MEMBERS
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Cases Nos. 212/1721 and 213/1722 of 1982, decided on 22nd January, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID MEMBERS
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ABDUL SATTAR and others
VS
CHIEF ENGINEER, IRRIGATION DEPARTMENT and 4 others
Law:
Section:
(a) Civil service-- --- Punjab Service Tribunals Act (IX of 1974), S. 4--Validity of notification issued by Government of Baluchistan to confer pro forma promotion to respondents when they had been repatriated--Notification of Government of Baluchistan was a notification made by the Government after consulting the Baluchistan Public Service Commission--Such notification, therefore, could not be struck down as either illegal or void--Moreover, action taken by Governor of another province and that too in a prescribed manner, after taking all the pros and cons into consideration was perfectly legal and Punjab Service Tribunal could not sit in over a subject-matter of another province. (b) Punjab Civil Servants Act (VIII of 1974)-- ---S. 22--Punjab Service Tribunals Act (IX of 1974), S. 4--Notification of Governor issued under S. 22 of Punjab Civil Servants Act being a notice to all concerned including the Civil servants/Appellants, could not be agitated after a lapse of 9 (nine) years and such attitude of appellants would be an act of aches on their part--No ground for condonation of delay. (c) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Appeal--Bar of jurisdiction--Once competent Authority after considering the case of civil servant for promotion had rejected it, Service Tribunal would be barred to sit in over the same--Not mere seniority but seniority-cum fitness is always taken into account at the time of passing order for promotion of a civil servant. Masud Ahmad Riaz for Appellants. Syed Jamshed Ali Shah for Respondents. A.G. Humayun, District Attorney on behalf of Government. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--M/s. Abdul Sattar son of Mahmud Bakhsh in Appeal No. 212/1721 of 1982 and Abdul Sattar son of Allah Bakhsh in Appeal No. 213/1722 of 1982, have filed these appeals under section of the Punjab Service Tribunals Act, 1974, in which both the appellants have impleaded Chief Engineer, Irrigation Department, Bahawalpur Region, Bahawalpur, Secretary to Government of the Punjab, Irrigation and Power Department Lahore, M/s. Khalil Ahmad, Nazir Ahmad and Muhammad Saeed, Sub-Divisional Officers, as respondents. 2. By virtue of these two appeals…
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