Law:

Section:

Sindh Service Tribunals Act (XV of 1973)-------S. 4, proviso (b)---Promotion---Jurisdiction of Tribunal---Employee who was junior school teacher, made representation to competent Authority for promotion to post and scale of High School teacher which representation was rejected for want of vacancy for post required by employee and on ground that employee at relevant time was simply MA., B.Ed. and had not passed M.Ed. which was necessary qualification for promotion to High School Teacher---In view of bar placed by Proviso (b) to S.4 of Sindh Service Tribunals Act, 1973, Tribunal had no jurisdiction to order any such promotion---If order rejecting representation of employee was set aside by Tribunal, same would amount to allowing employee promotion to post of High School Teacher---Even otherwise if no vacancy existed in required post, question of promotion of employee would not arise. Syed Fasahat Hussain Rizvi for Appellant. M.M. Aqil Awan for Respondents. Date of hearing: 1st February, 1-994. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---The appellant, Mrs. Qamar-un-Nisa, who is a School Teacher, has called in question the order, dated 30-5-1992 of the Director, School Education, Hyderabad Region, whereby her representation seeking promotion to the post of High School Teacher (HST) has been rejected. The appellant's case, as stated in her memo. of appeal is that she joined as Senior English Teacher in Saint Bonaventures Boys High School, Hyderabad, with effect from 8-4-1970 on consolidated pay of Rs.420 per month. Consequent upon nationalization of educational institution the aforesaid school was also nationalised and her services stood transferred to the Government on the same pay in the scale of Rs300--25--450. The A.-G., Sindh duly verified the above pay and the pay-scale allowed to her. The appellant was then directed to undergo training (i.e. B.Ed.) in the batch of 1975, which she successfully completed is 1976. Despite that she was not given HST-Pay Scale, though two of her colleagues, Mrs. Victoria Jan and Mrs. Mukhtar Memon who also came from Saint Bonaventures Boys' School were allowed the same pay scale in 1975 and 1988 respectively. The appellant's pay…

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