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1984 P L C (C. S.) 1587
[Service Tribunal Punjab]
Present : S. Abdul Jabbar Khan, Chairman and Mian Faiz Karim, Member
Mirza BASHIR BEG
Versus
DEPUTY COMMISSIONER/COLLECTOR, RAHIMYAR KHAN AND 2 OTHERS
Case No. 657/526 of 1983, decided on 4th April, 1984.
‑‑ S. 4‑Appeal before Tribunal‑Maintainable against final Order‑Appellant contesting promotion of respondent as Sadar Kanungo on plea of being against rules‑Respondent found to have been allowed to work as Sadar Kanungo as stopgap arrangement in his own pay scale‑Such order, held, not a final order as well as not a promotion order‑Appeal, in circumstances, held, pre mature hence not maintainable.
Riaz Anwar for Appellant.
A. G. Humayun, District Attorney for Respondents.
ORDER
S. ABDUL JABBAR KHAN (CHAIRMAN).
‑Mirza Bashir Beg, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Deputy Commissioner/ Collector, Rahimyar Khan, Commissioner, Bahawalpur Division, Bahawalpur and Ghulam Rabbani, District Kanungo D.C. Office Rahimyar Khan, as respondents.
2. By virtue of this appeal, it has been prayed that the impugned order by which the respondent Ghulam Rabbani has been promoted be set aside and the vacancy be filled in accordance with the Rules.
3. We have heard the learned counsel for the appellant as well as learned counsel for the respondents and have perused the record of this case carefully with their assistance.
4. The very reading of the impugned order which has now been produced and was not available with the Memo of appeal, it transpire that Ghulam Rabbani, contesting respondent, has been allowed to work as Sadar Kanungo as a stopgap arrangement, in his own pay scale. This being the position, which has not been controverted by the learned counsel for the appellant, we are of the considered opinion that this order cannot be considered a final order as well as an order of promotion. If and when any such promotion is made on regular basis, the same can be challenged by the appellant in accordance with the law, at the proper time. This appeal is being disposed of as premature as well as not maintainable at the present, There will be no order as to costs.
A. E. Orders accordingly.
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