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MUHAMMAD FAROOQ AHMED KHAN LODHI versus SECRETARY, GOVERNMENT OF SIND, HOME DEPARTMENT


Section 4 Appeals challenging promotion order requiring reopening of seniority victims, appeal not implemented; Weakness was encountered and in addition, they were not able to be cared for properly.

1980 P L C (C. S.) 680(1)

[Service Tribunal Sind]

Present : Ghulam Rasool Sheikh, Chairman, Abdul Kadir and G. A. Mughal, Members

MUHAMMAD FAROOQ AHMED KHAN LODHI

Versus

SECRETARY, GOVERNMENT OF SIND, HOME DEPARTMENT AND 2 OTHERS

Appeal No. 10 of 1979, decided on 24th March 1979.

Sind Service Tribunals Act (XV of 1973)‑------

---------S. 4‑Appeal challenging promotion order requiring re‑opening question of seniority‑Affected persons not impleaded‑Appeal, in circumstances, held, suffered from serious infirmity for non‑impleading persons affected and also not maintainable involving fitness for promotion.

ORDER

GHULAM RASOOL SHEIKH (CHAIRMAN).‑----

The appellant has claimed seniority in the fit list i.e. list prepared regarding fitness of promotion to higher grade.

In the first place the persons likely to be affected by reopening the seniority have not been pleaded and so the application, thereby, suffers from serious inherent infirmity. Secondly the question of promotion oil fitness for promotion is excluded from the jurisdiction of this Tribunal.

Appeal is summarily dismissed.

Appeal dismissed.

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