Law:

Section:

Civil Services Rules (Punjab), Vol. I, Part 1, r. 10.5 read with r. 2'21-Promolion-Next below Rule-Words "foreign service" appearing in r. 10.5-Not to be construed in limited sense-- junior Clerk of office of Deputy Commissioner sent on deputation as Naib-Tehsildar in Settlement organisation and drawing pay from Provincial Government - Contention that such service not being "foreign service" in terms of r. 2.21 he was not entitled to protection of r. 10.5 known as next below Rule-Held, r. 10.5 reflects general principle that if a person is sent on deputation he cannot be made junior to his juniors by promoting latter in his absence.   ORDER S. A. MAHMOOD (CHAIRMAN):-The appellant is aggrieved of his seniority as assistant against respondents Nos. 4 and 5, who have been declared to be senior to him. The prays that he should be declared senior to them and given the benefit of rule 10.5 of C. S. R. (Pb.) Vol. 1, Part I, generally known as the Next Below Rule. Mr. Muhammad Munir Butt appellant was appointed as Apprentice Clerk on 1-1-1938 in the office of the Deputy Commissioner, Amritsar. He was confirmed as such on 1-12-1940. He was confirmed as Junior Clerk on 2-2-1943.-He was promoted as officiating Senior Clerk on 13-9-1946. On Independence, he migrated to Sialkot and he was given the charge of Junior Clerk, although he had been officiating as senior Clerk at Amritsar.                                        He represented to the Deputy Commissioner, Sialkot on 5-11-1947 that as he was officiating as a Senior Clerk from 13-9-1946 in Amritsar he should be given an officiating chance as Senior Clerk, it was noted about this application that the facts stated in this application had been verified to be correct. The case was submitted to the A. D. M. by the office Superinten dent with the remarks that he had by then been appointed as Naib Tehsildar for resettlement work by the Commissioner, Lahore Division. The question of his officiating-appointment…