Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------Ss.4(1), proviso B' & 5---Civil Servants Act (I.XXI of 1973), Ss. 3 & 9--­Promotion---Jurisdiction of Tribunal in matter of promotion---Appeal filed by civil servant before Tribunal against his supersession for promotion to BPS-20 was resisted by Authority on ground that Tribunal could not go into details with regard to promotion of civil servant as laid down in proviso (b) to S. 4(1) of Service Tribunals Act, 1973---Promotion was one of the terms and conditions of a civil servant as guaranteed and provided in Civil Servants Act, 1973---Embargo laid down in proviso (b) to S. 4(1) of Service Tribunals Act, 1973, was only to the extent of determination of fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher grade, but it had never been the intention of Legislature to deprive a person of his legitimate right and terms and conditions of service as provided in Civil Servants Act, 1973---Consideration for promotion was a legal right of every civil servant and that exercise had to be taken by Departmental Authorities and under S. 5 of Service Tribunals Act, 1973 that decision was subject to judicial scrutiny by Service Tribunal, as in all fairness and in interest of justice there must be some forum for aggrieved persons wherefrom they could seek their redress and that forum was Service Tribunal which had exclusive jurisdiction in service matters---Intention of Legislature was not to give arbitrary powers to Selection Board to discard a person from promotion who otherwise was qualified and eligible in all respect---Service Tribunal was the only forum having exclusive jurisdiction relating to terms and conditions of civil servants and it could examine question of fact and law---Service Tribunal, in circumstances, could go into question of eligibility for promotion of an, aggrieved civil servant as consideration for promotion was his legal right--­Objection on the part of Authority with regard to jurisdiction of Service Tribunal was repelled. Muhammad Iqbal Rafi v. Province of Punjab 1986 SCMR 680; H.M. Ashrafullah v. Secretary, Ministry of Communications and…

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