Law:

Section:

(a) Civil service-------Promotion --- Factors requiring consideration stated.Promotion cannot be claimed as a matter of right, but it does not mean that principles of seniority should be ignored and the senior most must be considered for promotion which is a legal right of an employee. There is no doubt that seniority alone is not the exclusive determining factor to be considered for promotion and factum of fitness and suitability cannot be kept aside. There is no vested right in promotion or rule determining eligibility for promotion. Wherever there is a change of grade or post for the better, there is an element of selection involved that is promotion and it is not earned automatically, but under an order of the competent authority to be passed after the consideration of the comparative suitability and the entitlement of those incumbents. (b) Civil service--- ----Seniority cannot be claimed on basis of provisional seniority list not finalized. Mushtaq Ahmad Mohal, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioners. Asif Nazeer Awan, Advocate Supreme Court and Faiz-ur-Rehman, Advocate-on-Record for Respondent No. 3. Date of hearing: 4th November, 2010. JUDGMENT JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 12-11-2009 passed by the Punjab Service Tribunal; Lahore whereby the appeal preferred on behalf of Imtiaz Rasool Alvi (respondent No.3) has been accepted. 2. Precisely stated facts of the case as enumerated in the judgment impugned are to the effect that "Environment Protection Agency was created on 30-6-1987 as an attached department of Public Health Engineering Department. Subsequently, to streamline the administrative function of the agency Service Rules of Environmental Protection Agency 1989 came into force on 15-3-1989 vide which the Inspectors (BS-12) having 5 years service were declared eligible for promotion as Research Assistant (BS-16). In the year 1991 two Inspectors namely Messrs Muhammad Ahmed Khan and Saeed Ahmed opted promotion of Research Assistants on 15-5-1991 on regular basis and other three Inspectors namely Muhammad Ashraf, Obaidullah Khan and Usman-ul-Haq were promoted…

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