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Case No. 110 of 1971, decided on 18th June 1971.

(Appellate Tribunals) Ordinance (IV of 1970), S. 8 Jurisdiction of Tribunal‑Official considered but found not mature for promotion‑‑Appeal challenging decision of competent authority ignoring such official for promotion, held, not within jurisdiction of Tribunal.

(b) Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), Ss. 2(c) & 8‑Government servant‑Retired Government servant‑Not covered by definition of "Government servant" hence not entitled to appeal under S. 8.

Agha Rashid Ahmad Khan appellant was appointed as Junior Clerk on 15‑4‑47 in the Directorate of Agriculture against a permanent vacancy, but as he was appointed against a war reserved vacancy, his assumed date of appointment came to 1‑6‑41. On 31‑L‑48, Mr. A. G. Sadik, Director of Agriculture, ordered promotions of certain officers as Head Assistant and officiating Assistants and confir mation of Junior Clerks and to this order he appended the following note:--

"I have considered the qualifications and fitness of Agha Rashid Ahmad Khan for promotion and consider that seniority alone not being the only criterion, which in his case has accrued through the war service and he not being experienced enough otherwise cannot be considered for premature promotion consequential to Partition. This, however, does .not mean that he has been debarred or ignored from consideration at some future date.

The appellant feels aggrieved by the above order. He claims that he should have been promoted as Assistant in preference to Mr. A. H. Ansari. He has been making representations but has had no relief. His representation dated 12th September 1958 was rejected and his case was closed by the order of the Director of Agriculture conveyed to him on 21‑11‑60. In this letter, it was communicated to him that he could not claim Further promotion in lieu of his war service. His representation was reconsidered and rejected on 6‑2‑61. His representation was considered by Government again and was rejected on 29‑8‑69.

Thus the appellant feels aggrieved by what he considers to be his supersession and by not being promoted as Assistant earlier than the date from which .he was promoted. In fact, he was promoted as Senior Clerk on 1‑2‑48, as Assistant on 20‑4‑50, as Head Assistant on 21‑8‑57 and he was confirmed as Assistant with effect from 24‑1‑55. He was promoted as Superintendent on 1‑3‑67. It is not a case to which he has not been promoted to various ranks, but his main grievance is that he should have been promoted to higher ranks earlier than he was by reason of his war service. It is true that he was entitled to seniority on account of war service, but it is obvious from the order dated 31‑1‑48 passed by Mr. A. G. Sadik, Director of Agriculture that his seniority was considered but his promotion was con sidered to be premature and therefore, he was ignored for promotion. This is not a matter which is within our jurisdiction under section 8 of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970.

The appellant has even retired from service and he is no more covered by the definition of Government Servant entitled to appeal under section 8 of the Ordinance. The right of appeal also relates to a seniority list and any order of seniority by which a Government Servant is aggrieved; therefore, also this appeal is not competent.

For the reasons stated above; this appeal is dismissed in limine.

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