Law:

Section:

(a) Sindh Service Tribunals Act (XV of 1973)-------S.4---Appeal maintainability of---Appeal was objected to by the Authority contending that appeal was not maintainable as prior to invoking the jurisdiction of Service Tribunal no departmental appeal was filed by appellant which was a condition precedent under S.4 of Sindh Service Tribunals Act, 1973---Validity---Though it was mandatory requirement of law that filing of Departmental appeal against original order was a condition precedent for invoking jurisdiction of Service Tribunal but it was not necessary that original impugned order must be in writing---An order for the purpose of Service Tribunals Act could have many forms---Such order could be a general order or it could be a .particular order directed against an individual and same could be a policy decision or it could be a decision of a particular, grievance or an order refusing to redress a grievance---All such orders would affect the terms and conditions of service of civil servant and would qualify as Departmental orders ex facie, issued by the Authority within the Department empowered to do so---Fact that no written order was passed by Department which prejudiced a civil servant, could not deprive civil servant for his right of filing appeal before Service Tribunal. Muhammad Asar v. Islamic Republic of Pakistan 1987 PLC (C.S.) 432 and Muhammad Arshad Saeed, D.I.-G. Police v. Government of Pakistan and others 1994 SCMR 1033 ref. (b) Civil service--- ---- Promotion, entitlement to---Civil servant who joined Education Department as a graduate teacher, improved his academic qualification and obtained M.A. (Economics) IInd Division; B.Ed in IIIrd Division; and M. Ed in (B) Grade---Civil servant was not considered to be promoted to post of Subject Specialist/Lecturer Higher Secondary School despite being qualified and eligible for the said post on the pretext that he did not possess B.Ed. Degree in IInd Division---Civil servant possessed M. Ed. Decree which was higher in status than B. Ed. Degree-­-Civil servant, in circumstances, deserved to be considered for promotion to post of Subject Specialist. M.M. Aqil Awan for Appellant. Muhammad Qasim Mirjat,…

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