Law:

Section:

Civil service--- ----Promotion---Civil servant had challenged promotion of co-civil servant as machine-man in NPS-7 contending that he was not eligible for such promotion---Co-civil servant initially was appointed as peon in NPS-1 and later on was promoted as Technical Labourer and again after about 11 years from such promotion he was again promoted as pressman in NPS-3---Under Departmental Rules a technical labourer was eligible person for promotion as Machine-man if he had six years' service ---Co-civil servant who was promoted from peon to technical labourer, if his service as technical labourer was taken into account and combined with service as pressman, total length of his experience would be more than twelve years ---Co-civil servant, in circumstances was eligible to promotion as Machine-man---Appeal otherwise being barred by time was dismissed. M. Tabassum Aftab Alvi for Appellant. Sardar Rafique Mehmood Khan for Respondents. JUDGMENT RAJA BASHIR AHMAD- KHAN (CHAIRMAN): --This service appeal is directed against the Order No.STS/2/3896-3901/93, dated 19-8-1993 v of respondent No. 1 whereby the order of promotion of appellant Syed Azmat Hussain Gardezi dated 8-9-1992 as Machine-man in NPS-7 was vacated and respondent No.2 was promoted as Electro-Platter. 2. Briefly stated the facts are that the appellant was originally appointed as Metal Malter in NPS-2 on 9-5-1979. The respondent No.2 was appointed as Peon in NPS-1 on 24-4-1979. The respondent No. 2 was later on promoted as Technical labouror on 5-3-1980 and was again promoted as Pressman in NPS­3 on 13-11-1991. The appellant was promoted as Machine-man in NPS-7 on 8-9­1992. The respondent No.2 filed an appeal against the promotion of appellant before respondent No. 1 who, by accepting the said appeal set aside the order of promotion of appellant and proceeded to order the promotion of respondent No.2. 3. We have heard the counsel for the parties and have also gone through the record. 4. The parties have raised the question of limitation and have submitted that the first appeal before the respondent No.l was time-barred and the, present appeal before this Tribunal has also been filed beyond the time…

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