Law: North West Frontier Province Service Tribunals Act, (I of 1974)

Section: 4(b)(i)

North West Frontier Province Service Tribunals Act (I of 1974)   S. 4 (b) (i) Appeal to Service Tribunal Promotion Withdrawal of Validity Promotion order subsequently withdrawn whether a case of reversion Appeal to Service Tribunal, whether competent Jurisdiction of Service Tribunal where promotion order is withdrawn Question whether a civil servant is fit to be promoted to a superior post is not synonymous with the question whether civil servant has been rightly reverted from a superior post to an inferior post by way of withdrawal of earlier promotion order Provision of S. 4 (b) (i), North West Frontier Province Service Tribunals Act, 1974 does not take away jurisdiction of Service Tribunal from examining the question whether promotion order in respect of the civil servant was rightly withdrawn or otherwise. JUDGMENT MUKHTAR AHMED JUNEJO, J:This appeal with leave of this Court filed. by appellant Sher Azam Khan is against dismissal of his Service Appeal No.185 of 1994 by the N. W.F.P. Service Tribunal on 9 6 1994. On 20 2 1994 the appellant was promoted from the post of Hostel Superintendent (B.P.S: 11) to the post of Assistant Provost (B.P.S: 17) in Khyber Medical College, Peshawar, under an order issued by the Government of N: W.F.F., Health Department dated 20 2 1994. In pursuance of said order the appellant joined his new post on 21 2 1994. Again on 19 4 1P94 the Government of N: W.F.P., Health Department issued an order by which the order of promotion dated 20 2 1994 was withdrawn with immediate effect. Being aggrieved by the said order dated 19 4 1994, the appellant invoked jurisdiction of N. W.F.P. Service Tribunal by filing Service Appeal No.185 of 1994 which was dismissed in limine on 9 6 1994 under the impugned judgment. Hence this appeal. Mr. M. Zahoor Qureshi Azad, learned counsel for the appellant argued that the learned Tribunal had erroneously held that it had no jurisdiction. The learned counsel referred to section 4 of the N: W.F.P. Service Tribunals Act, 1973. None appeared for the respondent to oppose this appeal. While dismissing the appeal the learned Chairman, N: W.F.P. Service Tribunal took view that the matter before him was…

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