Law:

Section:

(a) Service Tribunals Act (LXX of 1973) S. 4 Constitution of Pakistan (1973), Art. 212 (3) Appeal Competency¬ Civil servant Promotion Selection Board considered civil servant's case alongwith his juniors but he was superseded Civil servant had a right to be considered by the Selection Board and such requirement of law was fully satisfied No appeal was competent against determination of the fitness or otherwise of a person for promotion to a higher post or grade Civil servant's appeal before Service Tribunal was not competent in circumstances. (b) Civil service Promotion Move over to next Grade Essential To qualify for grant of move over from Grade 18 to Grade 19, civil servant should have earned at least two good reports without any adverse entry during last five years inclusive of the year of move over Civil servant during the relevant period of five years had only one good report and his other reports were just average or so ¬Move over to Grade 19, was thus, rightly denied to civil servant. JUDGMENT MUHAMMAD AFZAL LONE, J. This is an appeal, through leave to appeal, from the order of the Federal Service Tribunal, dismissing the appellant's appeal against the department's refusal to promote him to Grade 19 and grant move over to that Grade. 2. The facts in brief are that the appellant, was an Assistant Professor in Grade 18, and shown at Serial No.3 in the seniority list circulated on 13 9 1982. He was superseded and respondents Nos.4 to 6, on the recommendations of the Central Selection Board, were promoted and notified as Principals/Professors on 13 11 1985. further move over to BPS 19 due to him from 1 12 1984 was also denied. After exhausting his remedy before the departmental authorities, he preferred an appeal before the Tribunal, which was dismissed vide order dated 29 5 1989, under challenge before us. With a view to demonstrate that the appellant's grievance, as to the denial of promotion to him, could not be agitated before the Tribunal; it referred to section 22 of the Civil Servants Act, 1973; which lays down that no representation lies in the matter/concerning the fitness of a person to be promoted to a higher post or grade. It also made a…

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