Law:

Section:

Azad J & B Service Rules-- -- R. 25(a)(ii) read with Rules of Business, Sched. V, Part III-Promotion-Post of Accountant in office of D. I. G. Police falling within pay scale No. 7 D. 1. G. Police falling within pay scale No. 7-D. I. G., held, competent to order promotion of Senior Clerk to such post-Seniority of candidates alone should be determining factor for promotion to post of Accountant. B. A. Farooqi for Appellant. Sh. Abdul Aziz for Respond. ORDER MALIK MUHAMMAD ASLAM KHAN (CHAIRMAN).-Through this appeal the appellant has challenged the promotion of S. Mohammad Ashraf Gilani, respondent No. 2, who was promoted as Accountant by the D. L-G. Police respondent No. 1, vide his order dated 5-3-1975 (copy Annex. E), 2. The appellant's case rests on his plea that he, being senior to respondent No. 2, was entitled to the promotion as an accountant in preference to respondent No. 2, as seniority is the sole basis for such a promotion. He has also assailed the impugned order on the ground that respondent No. I was not competent to promote respondent No. 2. The stand taken by the respondents is that the appellant belongs to the Reserve Police while respondent No. 2 to that of Central Police Office. Seniority of these two branches is not combined and as such the appellant cannot claim his promotion to the post of an accountant in the regular Police. Another plea taken by them is that respondent No. 2 was a matriculate, well versed in account matters having b-en working previously as are accountant, and as such on the basis of merit and ability he boas rightly promoted as an accountant. Because senior its alone is not the criterion for such a promotion and the merit and ability are the main factors governing such promotions. Since the appellant is a non-metric with no previous accounts experience, he was rightly ignored in favour of respondent No. 2. 3. With a view to elucidating the position taken by the contesting parties, we examined Sardar Ali Afsar Khan D. I: G. Police Headquarters and also got placed on the file the copies of the service record of the appellant and respondent No. 2. We had also the advantage of hearing of the Registrar, Central Police…

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