Law:

Section:

Civil service----Promotion---Antedated promotion---Promotion with effect from date of availability of vacancy--- Civil servant (petitioner) was inducted in BS-17 and was subsequently given various assignments in BS-18 on current charge basis---Grievance of civil servant was that he should have been considered for promotion with effect from the date when the post in BS-18 fell vacant--- Service Tribunal dismissed appeal filed by civil servant--- Validity--- Civil servant was inducted into service in BS-17--- Subsequently he was promoted to BS-18 on current-charge basis, however by that time he was eligible and qualified to be promoted to BS-18 and even vacancies were available---Petition for leave to appeal to Supreme Court was converted into appeal and allowed, and competent authority was directed to consider civil servant for promotion to BS-18 with effect from the date when the vacancy occurred, provided he was qualified to be considered for the same. Government of N.-W.F.P. v. Buner Khan 1985 SCMR 1158; Islamic Republic of Pakistan v. Abdul Karim, Deputy Accountant General, N.-W.F.P. 1978 SCMR 289 and Abu Saeed v. Government of N.-W.F.P. 1990 SCMR 1623 rel. ORDER TASSADUQ HUSSAIN JILLANI, J.---Through this petition, leave is sought against the judgment dated 31-1-2011 passed by the learned Punjab Service Tribunal vide which petitioner's appeal was dismissed with the observation that the Competent Authority in Services and General Administration Department should consider petitioner's case for promotion as he has remained in pay scale BS-17 for a period of 30 years. 2. Facts in brief are that petitioner while serving as Assistant Director/Regional Manager in BS-17 in the Directorate of Manpower and Training Punjab was given various assignments in BS-18 on current charge basis. However, since 31-5-1994 the current charge was not extended. The grievance being voiced in his appeal before the Service Tribunal was that he be granted pay for the higher post from the year 2001-2007 and that he should be considered for promotion with effect from the date when the post in the higher grade fell vacant. 3. We have heard learned counsel for the petitioner and learned Law…

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