Law:

Section:

(a). Service Tribunals Act (LXX of 1973)-- ---S. 4---Civii servant challenging validity of departmental order refusing to consider him for promotion--Civil servant's representation was rejected by Authority---Civil servant instead of filing appeal against rejection of departmental representation made further representations and pursued that course, for a number of years and then filed appeal before Service Tribunal ---Limitation--Appeal before Service Tribunal having been filed long after the rejection of -representation was hopelessly time-barred. (a) Service Tribunals Act (LXX or 1973)-- --S. 4, proviso (b)---Appeal---Competency---No appeal would lie to Service Tribunal against an order or decision of a departmental Authority determining the fitness or otherwise of a person to be appointed or hold a particular post or to be prompted to a higher grade---Appeal dismissed. JUDGMENT SH. HASAN NAWAZ (MEMBER).--This appeal under section 4 of the Service Tribunals Act, 1973 is with the prayer that "the appellant may kindly be allowed his due seniority from the date he is entitled without passing the examination along with other benefits like salary, promotion and status". 2. After having been recruited as Accounts Assistant, the appellant who had already been made to officiate as Assistant Accountant, was regularly promoted as such by letter dated 7-6-1969 with effect from 25-2-1969 alongwith 27 other officers of his status by the respondent Authority in relaxation of the qualifications prescribed in the WAPDA Accounts Service Rules, 1966, made in exercise of powers conferred by section 18 of the WAPDA Act, 1958 (Annexure-A). 3. On 7-2-1970, the respondent authority passed the following order on the subject of West Pakistan WAPDA Accounts Service Rules, 19615. "It has been decided by the competent authority that there will be only one examination for promotion of WAPDA Accounts Staff after the grade of Accounts Assistants. Therefore, the examination at present being held for Assistant Accountants" Divisional Accountants to qualify for promotion as Junior Accountant has been discontinued with immediate effect". (Annexure-B) 4. Item No. 6 of Appendix-A read with the…

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