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Case No. 321 of 1981, decided on 19th June, 1984.
-----Ss. 4 & 5‑Civil Procedure Code (V of 1908), Ss. 47 & 151 and O. XXI, r. 32‑Powers of Tribunal‑Implementation of judgment of Tribunal‑Tribunal passing judgment that applicant/ appellant a Civil Judge be considered for promotion to post of Additional District and Sessions Judge from date his next junior was so promoted and for independent decision by competent authority‑Case considered but not approved by Provincial Selection Board and M. L. A./Governor‑Appellant making application for implementation of judgment of Tribunal with grievance that he should be intimated reasons for decision of M. L. A./Governor and Tribunal should call upon Provincial selection Board to give reasons for its decision‑Tribunal, in circumstances, held, could not go further into details of case and appellant having been considered and not approved judgment of Tribunal stood implemented.
Appellant in person.
A. G. Humayun, District Attorney for Respondent.
‑In case of Muhammad Awais Shahid, Ex‑Civil Judge, has moved an application under sections 47, 151 and 21 R‑32, C. P. C. in which he has prayed that the judgment of this Tribunal be implemented. As in the said judgment it was observed as under :‑
"In the light of the above discussion we direct the respondent to consider the case of the appellant for promotion to the post of Additional District and Session Judge and to N. P. S. 18 from the date from which his next junior Civil Judge was so promoted and to take independent decision after taking into consideration all pros and cons of his case."
This judgment was delivered when the appellant was in service.
The appellant has since been removed from service and his appeal against the said removal is also pending before this Tribunal.
In compliance to this Judgment, the case of the appellant was considered on 25th February, 1984 by Provincial Selection Board in its meeting which was held on the same date. The Provincial Selection Board has not approved the appellant for promotion as Additional District and Sessions Judge w. e. f. 27th September, 1975. This has been further approved by the M. L. A./Governor.
The grievance of the appellant is that he should be intimated the reasons for this decision of the Governor and this Tribunal should call upon the Provincial Selection Board to give the reasons for their sale decision. We are afraid that we cannot go into further details of this case when we find that the case of the appellant was considered but not approved, therefor the implementation of the judgment of this Tribunal has been made.
In the light of the above we dispose of the application accordingly. The petitioner can seek remedy if any before the proper forum.
A. E.
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