1988 PLC(CS) 195

ORDER

1. MUHAMMAD ZAHOORUL HAQ, J.-- The petitioner has felt aggrieved by denial of a scale of pay which is applicable to him since 1964 onward which has not been granted to him in spite of having the requisite qualification. The petitioner has placed reliance upon the rules by the Government in that regard. Since the petitioner is relying upon the rules of service, therefore, his remedy is before the Service Tribunal as the rules amount to terms and conditions of service. Therefore, the petitioner can seek his remedy in respect of the grade with the Sind Service Tribunal.

2. As far as the promotion is concerned the impugned letter of 28th September, 1986 made the promise that his case of promotion to the post of higher School Teacher will be considered on his turn on the basis of seniority. Therefore, to this extent the petitioner cannot feel aggrieved. We are hopeful that this promise which has been made by the department in respect of the promotion of the petitioner will be made good in due course.

3. The appeal filed by the petitioner is pending before the Educational Secretary and the same should have been decided within 90 days on 26-10-1986. However, the non-decision of the same enables the petitioner to move the Sind Service Tribunal even during the pendency of the said appeal. Let the petitioner seek his remedy before Sind Service Tribunal. This petition is, therefore, dismissed) in limine. Misc. Application is also dismissed.

4. M.Y.H./A-247/K Petition dismissed.