Law:

Section:

Service Tribunals Act (LXX of 1973)------S. 4---Constitution of Pakistan (1973), Art. 212(3)---Appeal---Failure to implead necessary party---Leave to appeal was granted to consider the contention that no relief could legally be granted by the Service Tribunal as the person who was promoted was not impleaded as respondent in appeal filed by the petitioner who was aggrieved of the promotion of said person. Khawaja Muhammad Farooq, Advocate instructed by M.A. Zaidi, Advocate-on-Record for Petitioners (in C.P. No.857 of 1997). Sh. Altaf Ilahi, Additional Advocate-General, Punjab for Petitioners (in C.P. No. 1361-L of 1997). Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No.1 Date of hearing: 3rd March, 1998. ORDER KHALIL-UR-REHMAN KHAN, J.---This order will dispose of two petitions for Leave to Appeal Nos. 857 of 1997 and 1361-L of 1997 as both are directed against one judgment. 2. The appeal filed by Mian Muhammad Tufail respondent No. 1 was accepted by the learned Punjab Service Tribunal and he (Muhammad Tufail) was declared to be entitled to be considered for promotion to the post of Electric Inspector w.e.f. 25-3-1989 and consequently the departmental authorities were directed to process and place the case of Mian Muhammad Tufail respondent No. l before the relevant committee within a period of two months. 3. The aforesaid declaration and direction was issued as the petitioners in C.P.L.A.No.1361-L of 1997 the Provincial Government/Department in its comments had admitted that a vacancy of Electric, Inspector became available on 25-3-1989 and the Tribunal was of the view that under the West Pakistan Electric Inspectors and Assistant Electric Inspectors Recruitment Rules, 1963 he could not have been considered ineligible had he (respondent No. l herein) been considered for promotion in 1989. 4. Sh. Altaf Ilahi, learned…

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