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Case No. 333 of 1974, decided on 25th November 1974.
‑‑ S. 4‑Jurisdiction of Tribunal‑Scope‑Redress in respect of existing terms and conditions‑Tribunal cannot treat terms and conditions Appellant's terms and conditions not guaranteeing grant of selection grade ‑ Appeal demanding creation of selection grade post with retrospective effect, held, not maintainable‑Appellant having com mendable record of service without any prospects of future promotion Government, in circumstances, held, may like to consider creation of selection grade post with retrospective effect earlier than date from which such post already created.
Akhtar Ali Qizilbash for Appellant.
The post of selection grade Almoner was created on 27‑11‑1969 one the appellant was appointed to the said post from the same date. Th. case of the appellant is that the creation of the post should be ante‑dated to 1‑11‑1962. We do not think that we have the jurisdiction to give such a direction to the Government under section 4, Punjab Administrative Tribunals Act. We can hear appeals only in respect of the terms and conditions of a civil servant. We have to take the terms and conditions as they are, we cannot create them ourselves. At the time oil appointment no undertaking was given to the appellant that he would be granted a selection grade post. This appeal is, therefore, without any merit send is hereby dismissed in limine.
Before we part with this appeal we' wish to mention that the appellant seems to have a commendable record of service but no prospects of future promotion. The Government may therefore itself like to reconsider his case for the creation of a selection grade post from a date earlier than 27‑11‑1969.
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