1. ' ICH. GHULAM QADIR (MEMBER).-This service appeal under section 4 of the Service Tribunal Act, 1975 is directed against the Government Order No, 90-96/78 dated 11th January, 1978 whereby as alleged by the plaintiff, ignoring the preferential right of seniority of the appellant the respondent No,2 Muhammad Miskeen was promoted from the post of Overseer to that of Assistant Engineer.
2. The case of the appellant in short is that the appellant and the respondent No, 2 were appointed as Overseer in the Local Government and Rural Development Department and according to the seniority list maintained by the Department the appellant was placed at Serial No, 1 and the respondent at Serial No, 3 as is evident from a copy of the seniority list maintained by the Department attached as Appendix 1. The Government respondent No, 1 in disregard of this seniority list, issued the impugned order whereby respondent No, 2 was promoted as Assistant Engineer by passing the seniority of the appellant. The appellant filed an appeal/representation before the respondent No, 1 which remained undecided even after the lapse of ninety days from its filing.
3. Hence the appellant has filed this appeal before the Tribunal.
4. ' The respondents filed their objections contesting the appeal wherein objections were raised that the appeal is untenable on the grounds that the impugned order is not final one and that the Tribunal has no jurisdiction to entertain and decide the appeal as the impugned order relates to the matter of promotion of respondent No, 2 and is unappealable under , clause (2)(b) of section 4 of the Service Tribunal Act.
5. ' We have heard the arguments submitted by learned counsel for the parties and have also gone through the record. The objection raised by the respondents that the matter relates to the promotion and as such does not fall within the ambit of the jurisdiction of Service Tribunal as conferred under section 4 of the Service Tribunal Act, 1975 is weighty and of great substance. The appellant's case, in substance, is that under the impugned order the respondent No, 2 was promoted to the post of Assistant Engineer in violation of the seniority list maintained by the respondent. If this stand of the appellant be considered to be based on some facts then it is clearly a case of promotion against which no appeal lies before the Tribunal as provided under clause (2)
(b) to section 4 of the Service Tribunal Act, 1975. As such the appeal is clearly beyond the scope of the jurisdiction of the Tribunal and is liable to be dismissed on this legal point alone. But as the impugned order reads and as the appellant himself has put his case the real matter of the fact is that under the impugned order respondent No, 2 who was already Assistant Engineer was simply adjusted against a temporary post in the Local Government and Rural Development Department.
6. The relevant portion of the impugned order is reproduced below: - {{URDU TEXT}} ' The plain reading of this order so far as it relates to the respondent No, 2 makes it very clear that Mr. Muhammad Miskeen was already promoted some time before as Assistant Engineer and was only transferred to the Peoples Works Programmed Department and adjusted against a temporary post. Under these circumstances by the impugned order the respondent was only transferred and adjusted and as such a transfer order in no manner violated the terms and conditions of the appellant giving rise to a right of appeal.
7. Besides, in a case of promotion an appellant can base his right of appeal only on the ground that while passing order of promotion he was not considered at all but in this case the appellant has not based his right of appeal on this specific ground and has only referred this argument in his written arguments. The appellant cannot rely on a ground of appeal which has not specifically been embodied and raised in the memorandum of appeal and as such this argument also is not available to the appellant.
8. ' As discussed above the appeal is untenable and without any force and is hereby dismissed with costs.
9. ' SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN). -I agree.