Law:

Section:

Central Secretariat Service (Class I) Rules, 1965- -----Rr. 5(f) (i) & 13--Assistant away on foreign service promoted in absentia on temporary basis on 16-5-1965--Did not join and continued on foreign service-Pro forma promotion to protect seniority in grade of Section Officer allowed-Repatriated and joined as Section Officer on 16-8-1969-Seniority as Section Officer claimed from 16-5-1965-Contention that seniority under Rules of 1965 promulgated after 16-5-1965 could be determined with reference to date of continuous officiation, i.e. 16-8-1969 on which date he actually joined as Section Officer-Pro forma promotion, in circumstances, held, was in matters of fixation of pay and annual increments in grade of Section Officer-Seniority, held, dependent upon regularisation of his appoint­ment in consultation with Public Service Commission as envisaged under r. 5(f ) (i ). Dates of hearing : 7th September: 26th October, 1976; 13th September; 1st November and 4th December, 1977. ORDER G. D. MEMON (MEMBER).-----Consequent upon the .re-organization of the Federal Secretariat and introduction of Section Officers scheme in August 1959, the appellant a permanent Assistant in the Finance Division (among others) was promoted as a Section Officer on a temporary basis for a period not exceeding six months (or until further orders, whichever was earlier) vide Establishment Division's Office Memorandum No. 3/13/61-III dated 16th July, 1965. He was to assume charge of his new assignment under intimation to the Establishment Division. As he was working as Assistant in the Embassy of Pakistan, Washington, he could not be relieved, in public interest. It was therefore agreed not to recall the petitioner and the Economic Minister was informed d.o. vide letter dated 17-9-1965 that the petitioner was allowed "pro forma promotion", to protect his seniority in the grade of Section Officer and a notification to that effect had already been issued. He was permitted to continue in that office. Although, the tenure of deputation expired in 1968, he could not be relieved to join as Section Officer, for want of a substitute. He continued to work in the Embassy and the assurance given…

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