Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Promotion---Civil servant's case for pro forma promotion considered by Departmental Promotion Committee which did not find him fit for such promotion due to unsatisfactory record of service---Civil servant's Departmental Appeal was rejected as also his appeal before Service Tribunal--­Civil servant's Departmental representation/appeal to Departmental Appellate Authority made on 14-2-1987 and 29-7-1987 indicates that he had information about the decision of Departmental Promotion Committee, dated 14-1-1987--­Finding of Service Tribunal that the appeal was barred was, thus, legal and proper---Service Tribunal, likewise, could not have gone into evidence to determine fitness or otherwise of petitioner for promotion---No substantial legal question of public importance having arisen in petition, leave to appeal was refused. ORDER RUSTAM S. SIDHWA, J.---This is a petition by Mushtaq Hussain Shah, petitioner seeking leave to appeal against the judgment of the Punjab Service Tribunal, Lahore, dated 4-2-1988 dismissing the appeal of the petitioner. 2. The brief facts' of the case are that on 7-1-1980, the petitioner, while working as Assistant Food Controller, was retired from service under section 12(ii) of the Punjab Civil Servants-Act, 1974. On 17-1-1982 he was reinstated in service with back benefits. In the meantime Ch. Muhammad Fazil, respondent No.3, who was junior to the petitioner, was promoted as Storage Officer on 24-9-1980. The petitioner requested for his promotion, but it was not considered. He filed W.P. No.2894 of 1985 in the High Court, Lahore in which the High Court gave directions to the Director Food Lahore Region, and the Secretary, Food, Government of the Punjab, respondents Nos.l and 2, to decide the pending appeals/representations of the petitioner. In the meantime the petitioner retired or superannuation on 2-3-198-5. The case of…

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