1. ' MUSHTAK ALI KAZI (CHAIRMAN).--The appellant was appointed a* Senior Clerk in the department of Irrigation Sukkur Region. The appellant then applied to the Minister, Irrigation and Power for his promotion. He was then ordered to be promoted as Assistant on ad hoc basis as a purely temporary measure. It was also mentioned in the order that the promotion did not entitle the appellant to claim any seniority over those senior to him on the combined list. Since the promotion of the appellant was on the ad hoc basis his case was referred to the Departmental Promotion Committee appointed under Martial Law Order No,
55. The Chairman, Departmental Promotion Committee grade 6 to 11 Sukkur after reviewing the ease of the appellant sent his suggestion dated 30th August, 1979 to the Superintending Engineer, Rohri Canal Circle Hyderabad for his 'eversion. He was accordingly reverted to the original post of Senior Clerk having been found unfit and junior most in that cadre. Against this order the appellant preferred an appeal to the Chief Engineer Irrigation Sukkur but the result of the appeal is not known.
2. An objection has been raised by the learned Assistant Advocate-General that in cases decided by the Appropriate Committee under Martial Law Order No, 55 the jurisdiction of the Service Tribunal or any other Court including the High Court and Supreme Court is ousted under the Provisional Constitution Order Para-15 in respect of validity of Martial Law Regulations and Orders and action taken thereunder. Under the aforesaid Martial Law Order No, 55, on the receipt of the findings of the Committee the Appointing Authority could revert a person to the post or service from which he was promoted, if his promotion was considered to be accelerated or out of turn without positive justifiable reasons ; and under para. 15 (2) of the Provisional Constitution Order, 1981, all orders made, proceedings taken and acts done by any authority or any person on or after 5th day of July, 1977 in exercise of powers derived from any Martial Law Orders, shall be deemed to be validly made and shall not be called in question in any Court on any ground whatsoever. Since the order of reversion in this case was made by an Appropriate Committee under the Martial Law Order No, 55 on 18th September, 1979 i,e,, after 5th day of July, 1977, the jurisdiction of this Tribunal is obviously barred.
3. ' Even otherwise no appeal is provided from orders passed under Martial Law Order No, 55 and the service appeal ought to have been filed within 30 days of the order of reversion namely ; 18th September, 1979. This appeal has, however been filed on 2nd November, 1980 after more than one year and would, therefore, appear to be barred under the Law of Limitation.
4. ' In the result the appeal is found to be time-barred, incompetent and not maintainable in view of the provision of Provisional Constitution Order, 1981 and is accordingly dismissed with no orders as to costs.