Law:

Section:

Service Tribunals Act (LXX of 1973)------S. 4---Public Works Department Central Engineering Service Class-11 Recruitment Rules, R. 21(1)---Promotion---Entitlement---Opposing civil servants who were Junior Sub-Engineers, were promoted to the post of Assistant Engineer---Civil servant who was appointed as Sub-Engineer, having not been promoted to the post of Assistant Engineer to which opposing civil servants were promoted, had challenged promotion of opposing civil servants---Conditions prescribed by R. 21(1) of Public Works Department Central Engineering Service Class Il, Recruitment Rules for promotion to post of Assistant Engineer were 10 years service as Sub-­Engineer and passing of prescribed Departmental Examination--Civil servant, no doubt, had served as Sub-Engineer for more than 10 years, but he had not fulfilled condition of passing Departmental Examination whereas opposing civil servants had fulfilled both conditions---Civil servant's contention to set aside notification according to which opposing civil servants were promoted to post of Assistant Engineer, was not justified and did not fall within jurisdiction of Service Tribunal nor Service Tribunal could direct Authority to hold Departmental Examination as prayed for by civil servant because same was a policy matter---Authority could. not be directed to consider case of civil servant as he, having failed to qualify required Departmental Examination, lacked one of important condition of promotion---Appeal filed by civil servant, which was also time-barred, was dismissed. Abdul Majeed Khan for Appellant. Date of hearing: 8th November, 1995. JUDGMENT ROSHAN ALI MANGI (MEMBER). ---Aggrieved by the Pak. P. W. D. Office Order, dated 15th November, 1993, whereby the junior Sub-­Engineers, namely M/s. Abdul Wahid and Muhammad Azam. who have been made as respondents in this memo. of the appeal, were promoted to the post of Assistant Engineer (Hort.) (B-16) (Gazetted), the appellant has filed this appeal before the Tribunal. 2. The brief facts of the case are that the appellant was appointed as a Sub-Engineer (B-11) in Horticulture Division of the Pakistan Public Works Department with effect from 24-5-1977.…

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