' MUNIR A. SHEIKH, J.---By this common judgment, we propose to decide the titled petitons involving identical questions of law and facts.
2. The petitioners were promoted to the posts of O.T. Assistants though the said posts according to the rules, were to be fulfilled through direct recruitment. On coming to know that the appointments through. Promotion of the petitioners against the said posts were violative of law and the rules, the competent authority withdrew those orders and petitioners were asked to perform functions on the lower posts from which they were promoted which were their substantive appointments. Alongwith this, an order was also passed for the recovery of the pay which the petitioners had been drawing against, the promoted posts. They filed departmental representations against this order but having failed to receive any response, filed appeals before the Service Tribunal which have been dismissed through the impugned judgment dated 23-5-2002 against which leave is sought.
3. Learned counsel for the petitioner has not been able to satisfy as that the posts against which the petitioners were appointed through promotion were promotion posts whereas it has been concurrently held by all the Authorities as a matter of fact that the said posts under the rules were to be filled by direct recruitment, therefore, it was not a case of reduction in rank, as penalty as it being argued by the learned counsel but a case where appointments through promotion were void, ab initio, therefore, the petitioners shall be deemed to have never been promoted.
4. The Service Tribunal has done justice in these cases by directing that recovery of difference of pay which the petitioners had drawn against the promoted posts shall not be made, for even otherwise, a civil servant who had performed functions against higher post, was held entitled to the pay of the said post during the said period.
5. No question of law of public importance is involved in this case. The impugned judgment does not suffer from any illegality, therefore, these petitions are dismissed and leave refused.