Law:

Section:

Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Inter se seniority---Civil servant claiming seniority over those juniors to him---Selection' Board alone was competent to finally decide civil servant's fitness for promotion---Selection Board did not find civil servant fit for promotion after consideration of his case---Service Tribunal had no jurisdiction to interfere with selection Board's decision about civil servant's fitness for promotion---Service Tribunal did not deem it either proper or just to substitute itself for Selection Board and take the decision---Appeal was found not competent in circumstances. Manzoor Ali Khan for Appellant. Naimatullah Qureshi for Respondents Nos. 3, 4, 5, 8, 9 and 10. Jhamat Jethanand for Respondent No. 11. Habibur Rasheed for Official Respondents. Date of hearing: 29th July, 1992. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN): --Aggrieved by the S&GAD's advice contained in its memo dated 16-7-1991 whereby instead of allowing the appellant, Ghulam Rasool Mahar presently holding the post of Superintending Engineer, the benefit of rule 13 of Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975 (hereinafter referred as the Seniority Rules) he was advised to approach the Sindh Service Tribunal, the said appellant has come in this appeal praying for setting aside of the aforementioned order and giving him the desired relief with all consequential benefits. 2. The appellant's case as stated in his memo of appeal is as follows: In the Seniority list' of Executive Engineers (Civil) Irrigation Deptt, as it stood on 15-1-1986, the appellant was shown senior to all the private respondents, as his name appeared at S.No. 9, whereas the names of the private respondents were mentioned below his name. However, in 1986 four of the private respondents namely Messrs Shamsuddin Memon, Abdul Rahim Siddiqui, Ghulam Hussain Shaikh, Jan Muhammad Kazi and Muhmmad Punhal Soomro were promoted to the posts of Superintending Engineers, and the appellant's promotion was deferred, due to non-availability of his CR for 1986. In the following year of 1987 he was once again ignored for promotion, unjustifiably on the ground of…

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