1. ABDUL QADEER CHAUDHRY, J.---The petitioner is aggrieved by the promotion of Sher Ali, respondent No.2. The petitioner filed an appeal before the Federal Service Tribunal. The Tribunal rejected the appeal on the ground that it was tarred by second proviso to section 4(1) of the Service Tribunal Act; according to which no appeal shall lie to the Tribunal against an order of a departmental authority determining the fitness or otherwise of a person to be appointed or hold a particular post or to be appointed to a higher grade. The case of the petitioner was considered by the competent authority and he was not found to be a fit person for promotion. Seniority is not the only criterion for promoting an officer to the higher grade. The departmental authority has not considered him fit to be appointed to the higher post. No question of law is involved in this petition.
2. Leave to appeal is refused and the petition is dismissed.