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1976 PLC [C. S. T.] 26

Hafiz MUHAMMAD ABDUL SATTAR vs CHIEF ENGINEER, IRRIGATION

Citation1976 PLC [C. S. T.] 26
CourtAdministrative Tribunal
Case No.Case No. 352 of 1974
Date1974-10-22
Judge(s)Khalid Farooq Akbar, Saad Saeed Jan, Asfhaq Ali Khan
ResultN/A

ORDER

The appellant is a Zilladar and was promoted on temporary and provisional basis as Deputy Collector on 3-8-70. Subsequently the Civil Services Appellate Tribunal declared him junior to Mr. Muhammad Anwar Pasha, another Zilladar. Consequently on 13-4-74 the appellant was reverted to his original post of Zilladar to make room for the promotion of Mr. Muhammad Anwar Pasha: The appellant has come to this Tribunal to agitate against the order of .His reversion.

2. It is clear from the order of promotion of the appellant that he had been appointed as Deputy Collector only on a temporary and provisional basis. Reversion simpliciter from an officiating appointment does not constitute any breach of terms and conditions of Government servant so as to give him a cause of action. The learned counsel for the appellant, however, contends that merely because the appellant has been declared junior to Mr. Muhammad Anwar Pasha does not mean that Mr. Muhammad Anwar Pasha is also to be promoted as Deputy Collector in preference to him. In support 'of his contention he has pointed out that the post of Deputy Collector is not to be filled on the basis of seniority alone but merit is to constitute the main consideration in this regard.

This may indeed be so but we do not think we can interfere with an order which does not violate any terms and conditions of the appellant's service.

3. For the reasons stated above we do not find force in this appeal and it is hereby dismissed in limine.

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