Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--Appointment promotion--Supersession of appellant--Correction of seniority list--Filing of departmental representation--Minor penalties were awarded--Promotion policy--There was one vacant post available therefore appellant was not recommended for promotion--Hence, antedated promotion of appellant from date when Respondent No. 3 was promoted is not possible--Obviously, while promoting Respondent No. 3, in light of DPC meeting appellant was not superseded; therefore, specific prayer of appellant for antedated promotion from said date is baseless and cannot be allowed--A civil servant is eligible for consideration of promotion in case no major or minor penalty has been imposed during last five years on finalization of confidential reports  should not have been superseded due to reasons assigned by DPC in its meeting--Irrespective of fact that appellant, has been promoted as late as on 29.07.2019, first supersession by (DPC has no legal effect and not tenable--Reasons assigned by DPC in its meeting for supersession of appellant are not sustainable in light of s of Apex Court as well as in light of above observation--Therefore, first supersession is hereby converted into deferment and his case be placed before DPC for consideration in accordance with law and rules--Appeal was disposed of. [Pp. 40 41] A, B, C D Judgment Shuja-ud-Din, Member.--The appellant while serving as ASPS (BS-14) in the Postal Department stood senior to Respondent No. 3 as per seniority list corrected up to 2009. Through impugned order dated 19.01.2015, the Respondent No. 3 Abdul Rauf was promoted. According to appellant, by dint of said order dated 19.01.2015 he was superseded without assigning any reasons. 2. The contention of appellant as urged by the learned counsel Sh. Iqbal Mahmood Anjum, Advocate is that the Departmental Promotion Committee recommended the supersession of appellant in spite of the fact that he was senior at Sr. No. 17 and considered Respondent No. 3 who was at S.No. 18 in seniority list corrected up to 2009. Thus, the appellant was superseded and Respondent No. 3 and others were promoted. The appellant agitated…

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