Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ----S. 4(b)---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal wads granted to examine; whether appeal filed by respondent (civil servant) before Service Tribunal was at all competent in view of bar contained in S. 4(b), Punjab Service Tribunals Act, 1974, where-under no appeal lies to Service - Tribunal against the order of Competent Authority determining fitness or otherwise of a person to be appointed to or to hold a particular post or to be promoted to a higher post or grade; whether order of Service Tribunal amounted to ordering promotion of respondent to Grade-19 and Grade-20, and if so, whether Service Tribunal had jurisdiction to order such promotion rather than allowing Competent Authority to consider case of such respondent alongwith other eligible officers; and whether order in question of Service Tribunal had adversely affected petitioners (civil servants) and whether such order could be passed in their absence and without affording them opportunity of being heard. JUDGMENT ZIA MAHMOOD MIRZA, J.--Petitioners seek leave to appeal against the judgment of the Punjab Service Tribunal dated 13-11-1993 whereby appeal of respondent No. l has been allowed holding that "he was an officer in his own right in BS-19 and quite eligible for promotion in BS-20 against the post available to him on his turn in that scale. He shall also be entitled to move-over in BS-20 subject to usual conditions". 2.…

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