' MIR HAZAR KHAN KHOSO, J.---The petitioner was working as Executive Engineer, B & R Division, Northern Area P.W.D., Skardu. He was considered by the Selection Board alongwith others for promotion to the post of Superintending Engineer and was not found fit. His companions were promoted to the post of Superintending Engineer. Through Appeal No,408/(R) of 1991 the petitioner challenged the same before the Federal Service Tribunal, Islamabad. Vide judgment dated 18-1- 1993 the Federal Service Tribunal remanded the case to the Selection Board and directed that all the factors including the circumstances of non-communication of the A.C.Rs, of 1977 and 1990 in respect of the petitioner be considered afresh and the case be decided in accordance with law.
However, it is grievance of the petitioner that vide Office Order No,D.O.20/1/90-CB-3, dated 10-2- 1994, the Central Selection Board did not accord promotion to the petitioner. The petitioner, therefore, filed Miscellaneous Petition No,88/94 challenging the order of the Central Selection Board before the Federal Service Tribunal. On 9-8-1994 the case came up for hearing before the Tribunal.
Mr. ShafiqurRehman, Section Officer, KANA Division, stated at the Bar that the judgment dated 18-1- 1993 of the Tribunal was implemented by the Department. The case of the petitioner was re- considered by the Board as directed by the Tribunal and he was again superseded. The petitioner made grievance that he had not received the copy of the order. The Tribunal directed the departmental representative to supply copy of the same to the petitioner. The Miscellaneous petition was disposed of accordingly.
2. It may be pertinent to observe that the petitioner did not file departmental appeal against the Office Order No,D.O.20/1/90-Cb-3, dated 10-2-1994, whereby the Board did not accord promotion to him. Besides, the same order was not challenged in regular appeal before the Service Tribunal. The order dated 9-8-1994 shows that only petition pertaining to old Appeal No,408(R) of 1991 was moved before the Service Tribunal and the Tribunal on the statement of Shafiqur-Rehman, Section Officer, KANA Division, was justified in holding that its order dated 18-1-1993 was implemented. In such view of the fact we are not inclined to grant leave to appeal. The petition is dismissed accordingly.