Law:

Section:

Civil ServicePromotionClaim forAppellant who claimed to be senior to respondent had contended that despite his seniority, respondent had been promoted whereas he was entitled to such promotionDepartmental Promotion Committee in its meeting considered appellant alongwith others including respondent for promotion, but did not give approval for appellant's promotion due to his unsatisfactory service record Appellant's seniority would not automatically entitle him to promotion, but competent Authority had to determine his fitness and suitability for promotionService Tribunal had no jurisdiction to determine fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher post or gradeService Tribunal could not grant relief prayed for by appellant. Date of hearing: 26th October, 1992. JUDGMENT MUNAWAR KHAN (CHAIRMAN): The appellant, Ali Sher is a constable in Excise and Taxation Department having been appointed in that capacity on 22nd February, 1973. He claims to be senior to private respondent, Ghulam Shabbir Kalo, who, according to the appellants' case, was appointed constable in the said Department in 1982. In spite of appellant's claim of seniority, the private respondent was promoted to the post of Excise Dafedar vide order dated 6th January, 1992, of the Director, Excise and Taxation, Sukkur. In this appeal the appellant has assailed the said order of the private respondent's promotion, praying that he be declared as senior to the private respondent and consequently entitled to the promotion in his place. We heard the arguments of the learned counsel for the parties and also went through all the relevant documents. The appellant's prayer as given in his memo of appeal reads as under: "In view of the above it is most respectfully prayed that R P as well as minutes of Departmental Promotion Committee may kindly be called for from the office of the respondent No. 2 and after consideration to declare that the appellant is senior to respondent No.3 and is therefore entitled for promotion in his place. ---------------------------------------------------------------------------------------------…

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