Law:

Section:

(a) Civil service--- ----Promotion---Time scale upgradation---Non-convening of Time Scale Upgradation Boards meeting---Effect---Petitioner assailed the refusal of his application and sought direction to the authorities for granting him time scale upgradation along with pensionary benefits---Validity---Petitioner was eligible for promotion but he could not be granted time scale upgradation only because of non-convening of Time Scale Upgradation Boards meeting and having been retired in the meanwhile---Promotion policy of the department itself had provided that the meeting of the Board for the purpose of time scale upgradation would be held twice a year---Word shall was used in the notification, which was a mandatory expression and manifest purpose of the rule/policy was that it must be acted upon as a general course---Petitioner also referred to an office order wherein benefit of time scale upgradation was given to those employees who were eligible for the same but were not allowed due to non-conducting of respective Boards meeting---Impugned order was set aside and the matter was remanded to the authorities to re-consider the plea of petitioner. Abdul Qayyum Mirza and another v. Director-General, Federal Directorate of Education, Islamabad and 5 others 2008 PLC (C.S.) 173; Raja Muhammad Naseem Khan v. Azad Jammu and Kashmir Government through Chief Secretary and 4 others 2010 PLC (C.S.) 439; Shafique Ahmad Khan v. NESCOM and others PLD 2016 SC 377; Muhammad Tariq Badr v. National Bank of Pakistan 2013 SCMR 314; Muhammad Zaman and others v. Government of Pakistan and others 2017 SCMR 571 and National Bank of Pakistan v. Iftikhar Rasool Anjum 2017 PLC (C.S.) 453 ref. Ch. Azhar Hussain v. Secretary to Government of the Punjab LGCD Department, Lahore and 2 others 2016 PLC (C.S.) 693; Mrs. Naseem M. Qadri v. Federation of Pakistan and another 2009 PLC (C.S.) 229; Muhammad Tariq Masood, CEO Saudi Pak Leasing Company Limited v. Commissioner (Specialized Companies Division) SECP 2018 CLD 44; National Transmission and Despatch Company Limited v. Corporation and Compliance Department, SECP 2018 CLD 197 and Secretary Schools of Education and others v. Rana Arshad Khan and…

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