Law:

Section:

Employees Service Regulations, 1981-- ----Regl. 15-B(i)(b)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition was ignored by promotion board having not a civil servant--Question--Whether the petitioner is entitled to promotion from anti-dated--Cause of delay in petitioner's promotion as being factors beyond his control--Whether petitioner satisfies the objective or subjective criteria for promotion--Whether he is entitled that his promotion be ante-dated to a still earlier date--Whether on the date when petitioner was promoted had he achieved qualifying research work for promotion--Question is obviously yes because the petitioner was promoted--Held: Petitioner would have been eligible to be considered for promotion--Legally valid fiction by virtue of the ante-date and the fact that the petitioner satisfies the substantive requirements of promotion is when the first batch of his juniors were promoted--Petition was allowed. THIS ORDER PASSED BY: UMAR ATA BANDIAL, JUSTICE---.--- The petitioner is an employee of the Respondent No. 2, Pakistan Council of Scientific and Industrial Research Council ("Council"). He is not a civil servant. In 1998 he was ignored by the promotion board when his batch mates were considered and promoted to BS.19. The petitioner commenced litigation against the Council in 1998 to secure his promotion. Ultimately he succeeded and in compliance with judgment of this Court dated 18.07.2007 given in W.P. No. 8672/2006, the Council by order dated 29.8.2007 promoted the petitioner to BS.19 with retrospective effect from 12.02.1998. Thereafter, on 18.1.2008 the petitioner was promoted to BS.20 also retrospectively with effect from 21.03.2007. 2. The question before the Court is whether the petitioner is entitled to promotion to BS 20 from a date earlier than the antedate fixed by the Council if he is fully given the benefit of Regulation 15-B(i)(b) of the Employees Service Regulations 1981 of the Council. The provisions of the said regulation are reproduced below:-- "(i) Persons who are approved by the Selection Board/DPC for promotion to the higher grade on an earlier date shall rank senior to those who are approved on a later…

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