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Appeal No. 46 of 1979, decided on 2nd July, 1979.
‑‑ S. 8 react with Sind Service Tribunals Act (XV of 1973), S. 4 Seniority‑Not a vest right‑Cannot be agitated in appeal before Service Tribunal.
Kishinchand for Appellant.
This is an appeal under section 4 of the Sind Services Tribunals Act, 1973.
The appellant was working as Assistant in the office of the Survey Superintendent Khaupur when he was reverted as he was junior most accord ing to the approved seniority list vide order of the Director, Settlement dated 6‑1‑1977. He filed departmental appeal dated 13‑1‑1977 against that order of reversion but it was rejected by the Senior Member, Board of Revenue vide order dated 7‑5‑1979. In this appeal the reference has been made to the petition dated 12-2-1977 of the appellant. The appeal was rejected on the ground that the seniority list was issued in 1970 and no objection wag taken by the appellant. Consequently he was debarred from raising the objection at such a late stage.
In the first place the appeal against seniority is not maintainable in view, of the provisions of section 8 of Sind Service Tribunals Act, 1973 which lay down that the seniority is not a vested right. Secondly the appeal is hopelessly time-barred as the senority list of 1970 was shall challenged before this Tribunal in June, 1979. Thirdly it was not been shown that any departmental appeal leas filed against the seniority list.
Thus this appeal suffers from various serious infirmities and is, therefore, summarily dismissed.
Appeal dismissed.
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