Law:

Section:

Balochistan Civil Servants Act (IX of 1974)--- ----S. 9---Balochistan Civil Servants (Seniority) Rules, 2008, R.4(c)---Balochistan Service Tribunals Act (V of 1974), S.4---Promotion---Appeal---Appellant/employee, who was appointed as Junior Instructor (Electronics) in B-16 in the year 1989, was on deputation---Employee's name stood at serial No.2 in the seniority list, while name of his co-employee stood at Serial No.1---Co-employee was cleared for promotion to B-17, but case of the employee was deferred for promotion due to being on deputation---Employee was directed to report back to his parent department---Employee, who was promoted belonged to same class of employees, whose case was deferred---One of the co-employees, who was on deputation, was allowed promotion in her absence in anticipation of her return from deputation---Seniority of an employee was protected under R.4(c) of Balochistan Civil Servants (Seniority) Rules, 2008---Employee deserved to be given equal treatment---Matter was remanded to the Secretary Higher and Technical Education Department with direction to consider the pro forma promotion of employee by giving equal treatment as done in the promotion case of co-employee. JUDGMENT MUHAMMAD IBRAHIM SUMALANI (MEMBER-I).--- This appeal has been filed under section 4 of the Balochistan Service Tribunal Act, 1974 by the above name appellant against the impugned notification dated 15-2-2013 and 19-6-2013 with the prayer to declare the above said notifications null and void. 2. The history of the case is that the appellant was appointed as Junior Instructor (Electronic) B-16 in the year 1998 vide notification dated 7-2-1998. Thereafter, he was promoted as Lecturer B-17 vide notification dated 10-2-2011 w.e.f. 28-12-2010. 3. The seniority list of Junior Instructors B-16 of the Civil, Electrical, Electronic and Mechanical Technology issued vide notification dated 23-8-2001, wherein the appellant's name stands at S.No.2 of the Electronic Technology. The promotion case of the appellant stood at S.No.2 and Mr. Riaz Ahmed stood at S.No.1 of the seniority presented before the Provincial Selection Board for consideration, however, prior to placing of the…

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