Law:

Section:

Service Tribunals Act (LXX of 1973)-S. 4 --- Constitution of Pakistan -(1973), Art. 212(3, ---Seniority --- Non-impleading of co-Civil servant who was necessary party--- Maintainability of appeal --- Service Tribunal in appeal filed by civil servant had found that although civil servant in his appeal made grievance against specified order whereby persons junior to civil servant was given promotion retrospectively, but he had not challenged said order in any departmental appeal or representation in accordance with SA, Service Tribunals Act, 1973 --- Service Tribunal had particularly made reference to civil servant's representation wherein he had made no mention whatsoever of promotion of his junior --- Service Tribunal had, thus, dismissed civil servant's appeal --- Validity --- held, Seniority in the cadre to which civil servant belonged had been settled by Supreme Court in its reported as PLD 1987 SC 172, therefore, such matter could not be re-agitated and petitioner's reliance on office memorandum, dated 18th August, 1983, was of no consequence in view of said of Supreme Court---Civil servant having failed to file any appeal or representation against order in question, his appeal was not maintainable in terms of S. 4, Service Tribunals Act, 1973--­ Petitioners although had taken exception to promotion to his junior, yet he had not impleaded him in appeal, therefore, civil servant's appeal was not properly constituted --- Leave to appeal was refused in circumstances. JUDGMENT ZIA MAHMOOD MIRZA, J.---Petitioner seeks leave to appeal against the judgment of Federal Service Tribunal dated 31-1-1996 dismissing his appeal wherein he had sought a direction to be issued to the respondents (Auditor-General of Pakistan and Accountant-General, N.-W.F.P. Peshawar) "to comply with the Presidential Order and consider the appellant for promotion to the post of Accountant (BPS-16) with effect from 1-7-1983". 2. Petitioner joined service in the office of Accountant-General, N.-W.F.P. as U.D.C. (BPS-7), later designated as Auditor, on 18-8-1964. He was promoted as Selection Grade Clerk, re-designated as Audit Assistant (BPS­11), on 25-8-1967. It appears that since before the…

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