Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Promotion to next grade---Fixation of seniority---Promotion of civil servant was deferred many times for the reasons that either disciplinary proceedings were pending against him or he was on deputation and had not earned one good report in his parent department---Finally the case of civil servant was recommended for promotion on 23-1-2002---Recommendation was assailed by civil servant before Service Tribunal for fixation of his seniority---Service Tribunal allowed the appeal to the extent that seniority of civil servant be reckoned from the date when his junior was promoted--Plea raised by the authorities was that Service Tribunal under the provisions of S.4(1)(b) of Service Tribunals Act, 1973, did not have jurisdiction to interfere in the matter of promotions---Validity---Civil servant had earned five good/very good/outstanding Annual Confidential Reports and he had also completed successful training for language course abroad---One official, junior to the civil servant was promoted on the recommendation of Departmental Promotion Committee in it meeting held on 3-8-1992---Judgment passed by Service Tribunal was in accordance with law laid down by Supreme Court and the same was not interfered with---Leave to appeal was refused. Deputy Inspector-General of Police, Gujranwala and others v. Anwar Saeed, Inspector Police and others 1997 PLC (C.S.) 584 rel. Government of Pakistan v. Hameed Akhtar Niazi PLD 2003 SC 110 distinguished. Nasir Saeed Sheikh, Deputy Attorney-General and Ch. Muhammad Ikram, Advocate-on-Record for Petitioners. Shah Abdur Rashid, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondent. Date of hearing: 4th October, 2004. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioners seek leave to appeal against the judgment of the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal), dated 12-9-2003, passed in Appeal No.462(R)CS of 2002. 2. Brief facts leading to the present petition are that respondent's case for promotion as Assistant Director (BP-17) was considered in the meeting of the Departmental Promotion…

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