ZIA MAHMOOD MIRZA, J. ---Petitioners seek leave to appeal against the judgment of the Punjab Service Tribunal dated 13-11-1993 whereby appeal of respondent NO. I has been allowed holding that "he was an officer in his own right in BS-19 arid quite eligible for promotion in BS-20 against the post available to him on his turn in that scale. He shall also be entitled to moveover in BS-20 subject to usual conditions".
2. Having heard the learned counsel for the parties, we find it a fit case to grant leave to appeal to examine, inter alia:-
(1) Whether the appeal filed by respondent No. l before the Punjab Service Tribunal was at all competent in view of the bar contained in section 4(b) of the Punjab Service Tribunals Act, 1974 whereunder no appeal lies to the Tribunal against the order of the competent Authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher post or grade;
(2) Whether the order of the learned Tribunal amounted to ordering the promotion of respondent No.1 to Grade-19 and Grade-20 and if so, whether the learned Tribunal had the jurisdiction to order such promotions rather than allowing the competent authority to consider the case of respondent No.1 alongwith other elegible officers;
(3) Whether the impugned order of the Service Tribunal has adversely affected the petitioners and whether such an order could be passed in their absence and without affording them opportunity of being heard.
2. The interim order already passed by this Court on 16-1-1994 shall continue pending the final disposal of the appeal.