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Appeal No. 51 of 1979, decided on 1st July. 1979.
‑‑‑ S. 4‑‑‑‑Appeal before Tribunal‑Scope‑Appointment‑‑Discretion of competent authority on having found fit for appointment to particular post‑‑Cannot be assailed before Tribunal.
Appellant in person and heard.
The appellant has challenged the appointment of Mr. Ghulam Muhammad by initial recruitment on the ground that it was illegal and it also affected his seniority.
Neither of the objections raised, by the appellant are entertainable. No provision of law has been pointed out investing the power upon this Tribunal to assail any appointment. It is discretionary with the competent authority' to appoint any body who may be found fit for the post. Even the fitness of a person cannot be assailed before this Tribunal. Again there is nothing to show that Mr. Ghulam Muhammad was not fit to be appointed to the post.
As regards seniority we have already held in a number of cases that by virtue of section 8 of Sind Civil Servants Act, 1973, seniority is not a vested right and, therefore, no appeal lies against any order affecting the seniority.
Consequently the present appeal is misconceived and not maintainable.
It is therefore, summarily dismissed.
Appeal dismissed.
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