ORDER Saad Saood Jan (Chairman).--By an order dated 6-7-1970 the Director of Education posted the appellant as Senior Professor of Chemistry in the Govemment College, Lahore on his own pay and scale. By another order dated 24- 11-1971 the Secretary to the Government of the Punjab in the Education Department posted Professor Masud Hassan Khan as Senior Professor of Chemistry in the Govemment College, Lahore. It should be noticed that there was only one post of Senior Professor of Chemistry in the said Institution.
2. In this appeal the appellant claims two reliefs (1) The order dated 24-11-1971 by which Professor Masud Hassan Khan was posted as Senior Professor to be set aside ; and (2) the respondent be directed to notify the appellant as holding a substantive appointment in the Senior Class-I with effect from 18-7-1970 when he actually took over the charge of Senior Professor in pursuance of the order dated 6-7-1970.
3. In support of (1) above the appellant claims that there was only one post of Senior Professor in the Govemment College, Lahore and since he was holding the same, Professor Masud Hassan Khan could not be posted against the same. We do not find any force in this contention whatsoever. It is to be noticed that the post of Senior Professor is Senior Class-I grade whereas the post of Professor is a Junior Cla^s-I Grade. The competent authority to promote officers from Junior Class-I grade to Senior Class-I grade is the Secretary to the Government in the Education Department. The order dated 6- 7-1970 was made by the Director of Education, who was not competent to promote the appellant from the rank of Professor to the rank of Senior Professor. In fact the Director of Education while appointing the appellant as Senior Professor did not intend this to be regarded as a promotion for he hedged in the order of appointing the appellant as Senior Professor with a number! of qualifications. Thus the appellant's appointment order states that he was1 being given, the appointment of Senior Professor in an acting capacity and thatj^ too on his own pay and scale. This being so we are unable to regard the order of the Director as one of promotion of the appellant. - 4. Since the appellant is enable to prove that he has been promoted to the rank of Senior Professor by any campetent authority the question of granting him second relief does not arise.
5. For the reasons stated above we do not find any force in this appeal which is hereby dismissed in limine.