| Case ID |
36333fab-05f9-4ad1-9cc3-e120d9148da6 |
| Body |
View case body. Login to View |
| Case Number |
765/1350 of 1980 |
| Decision Date |
Sep 21, 1982 |
| Hearing Date |
|
| Decision |
The appeal filed by Mr. Abdul Ghafoor under the Punjab Service Tribunals Act, 1974, was dismissed as non-maintainable. The Tribunal found that the grant of pro forma promotion was not within its jurisdiction, as it did not fall under the purview of the Act. The appellant's argument regarding due seniority being granted was acknowledged, but the request for promotion was deemed outside the Tribunal's authority. The decision emphasized that the Tribunal could not interfere with promotions or seniority matters once due process was followed by the Department. Therefore, the appeal was dismissed without any order as to costs. |
| Summary |
In the case of Abdul Ghafoor vs. Secretary to Government of Punjab, the appellant, a retired Assistant, sought pro forma promotion based on a re-determination of seniority. After a thorough review, the Service Tribunal of Punjab determined that the appeal was not maintainable under section 4(b) of the Punjab Service Tribunals Act, 1974. The court highlighted the importance of jurisdiction in such cases, confirming that while the appellant had been granted due seniority, the request for promotion fell outside the Tribunal's authority. The ruling underscores the limits of administrative tribunals regarding personnel matters, reinforcing that proper procedures should be adhered to by the concerned departments. This case serves as a significant precedent in understanding the boundaries of tribunal powers in employment-related disputes, particularly in the context of public service promotions. Keywords: Punjab Service Tribunals Act, pro forma promotion, maintainability of appeal, administrative law, public service, tribunal authority. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Punjab Government,
Home Department,
Inspector General of Prisons
|
| Judges |
S. ABDUL,
JABBAR KHAN,
MALIK ZAWWAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Muhammad Zahid Abbasi,
Haroon-ur-Rashid Cheema
|
| Petitioners |
ABDUL GHAFOOR
|
| Respondents |
SECRETARY TO GOVERNMENT OF PUNJAB, HOME DEPARTMENT,
INSPECTOR GENERAL OF PRISONS, PUNJAB
|
| Citations |
1983 SLD 1359,
1983 PLC 191
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4(b)
|