| Citation(s) |
|---|
| 2007 SLG 2074 2007 SLD 2074 2007 PLC 904 |
Service Tribunal, Balochistan
S.A. No.114 of 1999, decision dated: 10th Julie, 2004.
JUSTICE (RETD.) AMANULLAH KHAN, CHAIRMAN, SYED IFTIKHAR-UL-ISLAM AND MRS. SYEDA TAHIRA SAFDAR, MEMBERS
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S.A. No.114 of 1999, decision dated: 10th Julie, 2004.
JUSTICE (RETD.) AMANULLAH KHAN, CHAIRMAN, SYED IFTIKHAR-UL-ISLAM AND MRS. SYEDA TAHIRA SAFDAR, MEMBERS
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NAQEEBULLAH KHAN
VS
GOVERNMENT OF BALOCHISTAN through Chief Secretary Government of Balochistan, Quetta and 4 others NAQEEBULLAH KHAN vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Government of Balochistan, Quetta and 4 others
Law:
Section:
Balochistan Civil Servants Act (IX of 1974)-------Ss. 8 & 9---Balochistan Service Tribunals Act (V of 1974), S.4---Seniority---Promotion---Appeal---Appellant who joined service in 1969, was first promoted in B-17 in 1978, then to B-18 in 1989 as Horticultural Officer, and finally was promoted to the rank of Director in B-19 in 1998---Respondents, who joined service subsequent to appellant, were promoted as Director in 1995---Record showed that final seniority list of Deputy Directors was circulated in 1994---Appellant represented against ignoring his seniority position before; the Government; but he did not challenge same before any legal forum---After a period of about 5 years final seniority list of Directors was notified in 1999 against which appellant submitted representation/appeal to Chief Secretary in 1999 by claiming promotion to B-19 from the year 1995 and grant of seniority over the respondents---No response had been received from departmental Authority---Appellant claimed that he possessed required experience of 18 years as Deputy Director and was entitled to be promoted as Director B-19 earlier to respondents who did not possess said experience---Appellant did not submit the copies of orders of his appointment, promotion to Grade B-17, B-18 and B-19 in support of his appeal and agitated his claim of seniority and promotion for the first time in 1995, in 1999 and remained silent throughout the period from the years 1982 to 1994---Appellant also failed to challenge the final seniority list of Deputy Directors circulated in the year 1994 before the appropriate forum, he, however, had challenged the seniority list of 1999---Claim of appellant of promotion to B-18 and B-19 was hit by the bar of limitation; he should have agitated his grievance at the appropriate time before legal forum for redressal---Grounds of appeal were also not convincing to justify his claim of promotion with retrospective effect---Impugned seniority list had been prepared under the provisions of S.8(4) of Balochistan Civil Servants Act, 1974 and did not suffer from any legal infirmity---Appellant having failed to make out his case for grant of retrospective promotion and…
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