Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Promotion--­Entitlement---Service Tribunal found civil servant entitled to promotion--­Validity---Authorities claimed that civil servant's appeal before Service Tribunal was not competent for she had not filed any Departmental appeal/representation before higher departmental authorities---Authorities in para wise comments submitted before Service Tribunal took no such objection---Even otherwise order impugned before Service Tribunal having been passed by Governor, no appeal/representation could possibly be made in hierarchy of Government---Appeal of civil servant before Service Tribunal was, thus, competent. Ali Nawaz Chowhan v. Governor PLD 1992 SC 413 rel. (b) Education Extension Centre Recruitment Rules, 1993-- ----S. 3---Constitution of Pakistan (1973), Art. 212(3)---Promotion--­Eligibility---Order of priority for method of recruitment ignored by Authority--­Civil servant claiming to be entitled to promotion in BS-20, approached Service Tribunal whereby her grievance was redressed and Authorities were directed to consider her case for promotion with effect from specified date ---Validity--­Order of priority for method of recruitment was to be determined from the order in which two methods viz. "by promotion" and "by transfer" had been prescribed---Service Tribunal was correct in holding that recruitment/appointment of petitioner to post in question by transfer was alternative method of recruitment which had to be resorted to only if no candidate was eligible for promotion---Promotion appeared to be the first and preferential method of recruitment and for making appointment, whether by promotion or by transfer, recommendations of appropriate Committee/Board constituted essential prerequisite---Petitioner's appointment by transfer was not made on recommendation of appropriate Committee or Board---No exception could be taken to impugned decision of Service Tribunal that civil servant was entitled to be considered for promotion from specified date---Leave to appeal was refused in circumstances. JUDGMENT ZIA MAHMOOD MIRZA, J.--Petitioner, Secretary to the…

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