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KUSLOMAL versus PROVINCE OF SIND THROUGH SECRETARY REVENUE, BOARD OF REVENUE, HYDERABAD


According to Sindh Service Tribunals Act 1973 Section 4, Mukhtarkar, who is claiming seniority on the basis of election list, does not have a name, a question related to fitness for a particular position, therefore is beyond the jurisdiction of the tribunal.

1976 P L C [C. S. T.] 132(2)

[Service Tribunal Sind]

Presents Hamzo Khan M. Kureshi, Chairman, Abdul Kadir and Abdul Wali

Makhdoom, Members

KUSLOMAL

Versus

PROVINCE OF SIND THROUGH SECRETARY REVENUE, BOARD OF

REVENUE, HYDERABAD

Appeal No. 9 of 1975, decided on 11th December 1975.

Sind Service Tribunals Act (XV of 1973)‑

---S. 4, proviso‑Scope‑Inclusion of name in fit list ‑Mukhtiarkar claiming seniority on basis of select list‑Name not included in select list‑Matter, held, involving question of fitness for a particular post, hence beyond jurisdiction of Tribunal.

Aftab Ahmed Shaikh for Appellant.

Abdul Sattar G. Shaikh Asstt. A: G. for Respondents.

ORDER

HAMZO KHAN M. KURESHI (CHAIRMAN).

‑Heard Mr. Aftab Shaikh for the appellant. He claims his seniority as a Mukhtiarkar on the basis of a select list of Mukhtiarkars prepared by the Board of Revenue in 1959. He concedes that the appellant's name was not included in that select list. If his name was not included in the select list he cannot claim seniority on the basis of that list. This Tribunal will have no jurisdiction to order inclusion of the appellant's name in the select list because it is a question of fitness for a particular post which is beyond own jurisdiction. The appeal is accordingly dismissed for want of jurisdiction.

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