Law:

Section:

Board of Revenue Act, 1993 --.-- --.-- S. 6 AJ&K Civil Servants Act, 1976 --.-- S. 3 --.-- Promotion as Naib-Tehsildar --.-- Retrospective effect of seniority --.-- Objections for issuance of fresh seniority list --.-- Power regarding terms and conditions of civil servants of revenue department --.-- Board of revenue --.-- Civil servants is entitled to be confirmed in service or against such post from date of continuous officiating with condition of availability of permanent vacancy --.-- If any civil servant was officiating and permanent vacancy was not available, in that case his confirmation will take effect from the date of occurrence of permanent vacancy --.-- Before the date of appointment of civil servant, the permanent vacancy occurred and he was continuously officiating, thus, his confirmation from 24.09.1999 on recommendations of selection committee is not contrary to law --.-- Substitution of his date of appointment in seniority list is against law and not sustainable --.-- Opinion of Chairman is not consistent with law, therefore, while accepting instant appeal passed by Chairman was set aside. JUDGMENT Ch. Muhammad Ibrahim Zia, J. --.-- The titled appeal by leave of the Court has arisen out of the divergent judgments of the Service Tribunal, dated 20.04.2014, whereby the learned Chairman dismissed the appeal of the appellant, herein, whereas the learned Member accepted the same. 2. In brief, the facts of the case are that the appellant was promoted on the basis of officiating promotion as Naib-Tehsildar on 24.09.1999 and was confirmed as such later on vide order, dated 11.08.2004 with the retrospective effect of the seniority. He was promoted against the post reserved for departmental promotion quota which became vacant on 26.09.1998 due to the confirmation of Abdul Aziz Zargar asTehsildar. Some of the contesting respondents challenged the order before Respondent No. 1 through appeal which was dismissed on 14.07.2007. The official respondents invited objections for issuance of fresh seniority list of Naib-Tehsildar in the year 2010. After having objections, the Board of Revenue issued the seniority list through order dated 01.08.2011, wherein,…

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