Law:

Section:

Balochistan Civil Servants Act (IX of 1974)-------S. 8---Fundamental Rules, R.17---Balochistan Service Tribunals Act (V of 1974), S.4---Pro forma promotion, entitlement to---Appellant who was holding the post of Naib-Tehsildar on acting/current charge basis since 2003, could not be promoted due to non-mentioning of his name in the seniority list of Qanungos of the concerned Division---Name of appellant was struck off from the seniority list of the Division and as a consequence whereof his name was to be included in the seniority list of the Division, but it was not done so on account of sheer negligence of the department---Appellant though was holding the post of Naib-Tehsildar since 2003, but was not confirmed despite the fact that during that period his juniors were promoted on regular basis as Naib-Tehsildars---Appellant was regular employee of the Board of Revenue, but his name was missing in both the seniority lists of concerned Divisions---Effect---Appellant was not only deprived of his due promotion, but had also been made shuttle cock between different Authorities and driven from pillar to post for no fault of his---In view of the Policy for grant of pro forma promotion vide notification No.III-6(47) (R) S&GAD-75 dated 17-5-1981 and Fundamental Rule, 17 the appellant was entitled for pro forma promotion from the date when his juniors were promoted as Naib-Tehsildars---Authority for the proper administration of service under S.8 of Balochistan Civil Servants Act, 1974 was required to cause/prepare a seniority list---Authorities were directed to include the name of appellant in the seniority list of the Divisions and regularize the services of the appellant as Naib-Tehsildar from the date when his juniors were promoted as Naib-Tehsildars. PLD 1995 Central Statutes 1 ref. Mazhar Illyas Nagi for Appellant. M. Salahuddin Mengal, A.-G. for Respondents. Date of hearing: 8th April, 2009 JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, (CHAIRMAN).---This appeal under section 4 of the Balochistan Service Tribunals Act, 1974 has been filed by the appellant with the following prayer: (i) Declare the respondents' act of striking off appellant's name from the seniority list…

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