Find a Lawyer

Appeal No. 37 of 1979, decided on 2nd July 1979.

‑‑ S. 8‑‑‑Seniority‑Claim to seniority not a vested right‑‑Right of appeal to aggrieved civil servant, held, excluded.

This is an appeal under section 4 of the Sind Service Tribunals Act, 1973.

The appellant was promoted as Mukhtiarkar with effect from 20th February 1970, as a stop‑gap arrangement and since then he continued. On 22‑7‑1976 the Board of Revenue issued a provisional seniority list of Mukhtiarkars. He felt aggrieved by the position shown to him in the seniority list. So he made a representation dated 15‑8‑1976 to the Secretary, Revenue Department. In November 1977, he made another representation. Since no relief. was granted to him he filed an appeal to the Chief Secretary on 23‑1‑1978 which was also not decided. So he filed the present appeal to count the entire period for the purpose of seniority as well as his entitlement for promotion to the higher grade.

We heard the appellant who appeared in person and we find that the present appeal is not maintainable. According to the section 8 of the Sind Service Tribunals Act, 1973 the claim of the seniority is not a vested right and therefore this denies any right of appeal to the aggrieved civil servant. A Secondly the Act clearly excludes the right of appeal against promotion. Consequently, the relief for promotion cannot be agitated before this Tribunal. Lastly the seniority list was issued in July 1976 and he vainly made the representations instead of approaching this Tribunal according to the procedure which has been prescribed.

In result the appeal is summarily dismissed.

Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.