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Civil Petitions for Special Leave to Appeal Nos. 202/R to 217/R of 1982, decided on 23rd November, 1982.
(Against the order dated 15th November, 1982 of the Punjab Service Tribunal, Lahore).
‑‑ S. 21 and Punjab Service Tribunals Act (IX of 1974), S. 4 (a) Reversion, threatened‑Petitioners approaching Service Tribunal without complying with S. 21 of Punjab Civil Servants Act, 1974 and their appeals also not competent under S. 4 (a) of Punjab Service Tribunals Act, 1974‑Service Tribunal having referred petitioner to Government in matter of their grievance petition for leave to appeal dismissed and petitioners directed to avail of such opportunity‑‑Constitution of Pakistan (1973). Art. 185 (3).
S. M. Zafar, Senior Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Appellants (in all Cases).
Date of hearing : 23rd November, 1982.
‑The petitioners who are sixteen in number by separate petitions seek leave to appeal under Article 212 (3) of the Constitu tion against the order dated 15‑I L‑1982 whereby the Service Tribunal dismiss ed their appeals against their threatened reversion from the post of Sub Divisional Officers or Assistant Engineers to that of Overseers or of Sub Engineer.
The petitioners were holding posts of Overseers or Sub‑Engineers and had cleared their departmental promotion examination when under an authorization by the Secretary ‑Irrigation and Power, the Chief Engineer promoted them on different dates to the acting charge of Sub‑Divisions on their own pay of Sub‑Engineers with a liability to termination without notice in accordance with section 11 of the Punjab Civil Servants Act, 1974 without conferring any right to claim promotion on regular basis. In 1982 in the wake of direct recruitment of Assistant Engineers against the quota reserved for them they were threatened with reversion and hastened to appeal to the Service Tribunal.
The Tribunal dismissed their appeal holding that their promotion/ appointment‑was "as a stopgap arrangement with clear condition that their services would be terminated as S. D. Os. whenever Government think proper under section 11 of the Punjab Civil Servants Act, 1974 without any notice".
After hearing the learned counsel for the petitioners we find that these are not fit cases for leave to appeal for the petitioners had approached the Service Tribunal without complying with section 21 of the Punjab Civil Servants Act and their appeal was not competent under section 4 (a) of the Punjab Service Tribunals Act. The Service Tribunal has by para.11 of its order referred the petitioners to Government in the matter of their grievance. The petitioners should more appropriately avail of that 'opportunity. Leave to appeal is refused.
Leave refused.
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