Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--- ----S.9---Service Tribunals Act (LXX of 1973), S.4---Promotion---Selection post and non-selection post---Criterion for promotion---Jurisdiction of Service Tribunal---Scope---Criterion for promotion in case of selection post is merit, while in case of non-selection post it is on the basis of seniority­-cum-fitness---Criterion for selection for promotion to the higher grade rests upon decision of the Competent Authority---No other forum/Authority can assume the duties, which specifically have been assigned to the Competent authority---Seniority is one of the factors, which is considered for promotion, but seniority alone is not enough---Promotion is not automatic but it depends on many other factors, such as, competence, availability of post and antecedents etc. and none of the said factors is less important than seniority and for promotion all these factors, on case-to-case basis, are to be considered---Benefit of promotion, on the basis of improved seniority, as a matter of right in selection grade, cannot be claimed nor the Service Tribunal in appeal is competent to grant the same from back date, as the same is explicitly beyond its jurisdiction---Requirements for promotion having not been examined by the Competent Authority at the relevant time, promotion could not be granted by the Service Tribunal---Civil servant cannot ask for promotion as a right, and granting or refusal of promotion is a matter, which is within the exclusive domain of the Government/Executive Authority---If promotion is denied to a civil servant it could not be termed as denial of any fundamental right. Muhammad Umer Malik v. Federal Service Tribunal and others PLD 1987 SC 172; Muhammad Saleem Bhatti v. Secretary to Government of the Punjab, Agriculture Department, Lahore and 2 others 1985 PLC (C.S.) 26; R. Sampath v. The State of Madras and another AIR 1962 Mad. 485 and M.A. Moqeem v. The State of Mysore and others AIR 1963 Mys. 219 ref. 1973 SCMR 304: 1985 SCMR 1394; PLD 1991 SC 1118; 1996 SCMR 850 and 1988 SCMR 736 distinguished. (b) Civil service- --- Promotion from back date to the retired civil servant cannot be granted. (c) Civil service-…

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