Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal---Departmental appeal not dismissed on ground of limitation---Competency---Service Tribunal could not regard same to be time barred---Where civil servant's departmental appeal which was barred by time was entertained by the Departmental Authority, appeal filed before Service Tribunal against the same within statutory period was deemed to be competent. 1986 SCMR 1213;1987 SCMR.367;1990 SCMR 1356 ref. 1970 SCMR 170 rel. (b) Civil service--- ----Promotion---Posts in BPS-19 being selection posts, civil servant with 50% on average reports would not qualify for promotion either on the marking basis or on the basis of overall record. Per Syed Ally Madad Shah, Chairman: Misbah Ullah Khan, Member (contra)--- (c) Civil service--- ----Service Tribunals Act (LXX of 1973), S. 4(1)---Promotion---Ante-dation--­Jurisdiction of Service Tribunal---Where relief sought by civil servant was that of ante-dation of his promotion to 1982, decision thereon, constituted to be a final order which was appealed against---There being not any scope for further appeal to higher forum, appeal filed before Service Tribunal was not hit by the provision of S.4(1), Service Tribunals Act, 1973---Where authority of gauging fitness or otherwise of civil servant for promotion was miscarried, privilege of the finality to the decision of authority became justifiable and wrong done to civil servant required to be corrected; such matter would fall within jurisdiction of Service Tribunal for civil servant did not have any other forum to seek relief prayed for. PLD 1983 SC 100 and PLO 1988 SC 155 ref Misbah Ullah Khan, Member (Contra)--- (d) Service Tribunals Act (LXX of 1973)--- ----S. 3-A(2), Proviso (c)---Maintainability of appeal---Contradictory findings by Chairman and Member Service Tribunal on question of jurisdiction of Service Tribunal and maintainability of appeal---In accordance with S.3-A(2), proviso (c), Service Tribunals Act, 1973, decision of Tribunal would be that the appeal was allowed to the extent that supersession of civil servant in 1985, was not in accordance with law and his representation for ante­-dation of his promotion…

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