1983 PLP (C (PLC)

Malik Amjad Hussain and Abdul Hamid Khokhar for Appellants. Haroon‑ur‑Rashid Cheema, District Attorney for Respondents. S. ABDUL JABBAR KHAN (CHAIRMAN).‑‑In cases of Muhammad Iqbal Farooq and Muhammad Aslam Gill, who have filed these appeals under section 4 of the Punjab Service Tribunals Act of 1974 making grievances that they have been reverted to the posts of Sub‑Engineers whereas they were working as S. D. Os. since 1978. This Tribunal was pleased to issue an interim stay order calling upon the respondents to explain their point of view against the appeals so pending before us. The respondents are represented by Mr. W. M. A. Shamami, Under Secretary, C & W Department and Mr. M. U. Ansari, Director (Admn.) Highway Department and the appellants are represented through their learned counsel Malik Amjad Hussain, Advocate and Mr. Abdul Hamid Khokhar, Advocate. We have heard the parties at length and find that the appellants had never been promoted as S. D. Os. on regular basis although by stop‑gap arrangements, in view of the paucity of the regular incumbents, they have been working as S. D. Os. since 1978 and 1979. However, there is no dispute about the fact that the appellants are not regular S. D. Os. There is also a grievance on behalf of Muhammad Aslam Gill, made through his learned counsel that despite he having put in 32 years long service, he does not know where he stands because no seniority list has been notified so far and number of juniors to him have been promoted. The representative of the Department has shown us the list duly pre pared in this behalf which required notification. In this matter we direct the respondents to settle this controversy in the interest of, good ad ministration by notifying the list which ultimately has to be notified, as earl as possible. However, the appellants can agitate against the said notified list, if so advised, if their rights are jeopardised. Mr. W. M. A. Sbamami, Under Secretary has suggested 'that he had a proposal particularly, in view of the advice of the Under Secretary (General), C. & W. that as nine posts are going to be available from 1st July, 1982 onward with the creation of a new Division at Gujranwala, therefore, the appellants can be accommodated after 1st July, and it they feel so advised, the appellants can proceed on one month's leave till the said eventuality. ' The fact of the matter is that the jurisdiction of this Tribunal is only confined to matters besides promotion which has been explicitly taken out of our jurisdiction by virtue of sections 4 (1) (b) of the (Punjab Service Tribunals Act. Therefore, we hold that this Tribunal has no jurisdiction to hear both these appeals which are not maintainable. As such both the appeals are disposed of with no order as to Costs. A. E. Appeals disposed of,