Case Details

Citation(s)
2005 SLG 1062 2005 SLD 1062 2005 PLC 1436
Service Tribunal, Punjab
Appeal No.2318 of 2004, decision dated: 30-04-2005.
JUSTICE (RETD.) RIAZ KAYANI, CHAIRMAN

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Sheikh GHULAM RASUL

VS

CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE and 5 others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------S. 8---Punjab Service Tribunals Act (IX of 1974), S. 4---Pro forma promotion---Entitlement---Appeal to Service Tribunal---Promotion in B.S.-18 was granted to the employee after being cleared by Departmental Promotion Committee---Appellant who was considered for said promotion, but was superseded in the year 1991, had challenged promotion of said employee in appeal after 11 years contending that the promotion was brought to his notice almost after 11 years---Appellant who slept over his rights, his assertion that observation of Departmental Promotion Committee in 1991 that he did not possess 2nd Division degree in Masters was void ab initio, could not be given any credence as he had failed to agitate same within period provided under the law and to say that he came to know about grievance after 11 years---It was opposed to common sense and comprehension that a civil servant superseded in 1991 would not know that junior to him was promoted in same selection/promotion process. Dr. Ehsan ul Haq, counsel for Appellant. Khadim Hussain Sindhu, District Attorney for Respondent. Qaiser Raza, A.M. TEVTA, Departmental representative. Aftab Ahmad for Respondent No.6. Date of hearing: 29th April, 2005. JUDGMENT Sheikh Ghulam Rasul, Principal, Government Institute of Commerce, Yazman, District Bahawalpur has come in appeal bringing in challenge order dated 27-9-2004 passed by the Secretary, Government of the Punjab, Technical Education and Vocational Training Authority, hereinafter called TEVTA, who rejected the appeal of the appellant seeking pro forma promotion in BS-18 as Principal from 1991 and resultantly promotion is BS-19 from the date when respondent No.6 was promoted. 2. Facts gleaned out from the memorandum of appeal are that the appellant was recruited in the Government Commercial Training Institute as Junior Instructor in BS-11 on 21-1-1976 and was allowed BS-14 on 21-1-1978. Thereafter he was promoted as Instructor in BS-17 on 5-3-1980. Appellant was assigned seniority as Serial No.41 of the final seniority list (joint) of Instructors/Senior Instructors/Lecturers of Government Colleges of Commerce and Commercial…
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