Law:

Section:

(a) Police Service of Pakistan (Composition & Cadre) Rules, 1969---Rr. 3(2) (3) &. 6-Police Service of Pakistan-Cadre strength- ­East Pakistan Cadre of Police Service of Pakistan-Not destroyed with fall of Dacca - Member of Police Service of Pakistan belonging to East Pakistan Cadre - Did not become Member of West Pakistan Cadre with fall of Dacca - Proposition that there existed no rule or procedure under which Officer belonging to East Pakistan Cadre could be brought on as Deputy Secretary without having been approved for promotion in his present Cadre-Not correct-Likewise proposition that such Officer would be treated as promoted within period when his next junior Officer approved for promotion irrespective of sub-cadre and clearance by Selection Board, held, misconceived.-[Civil services]. (b) O & M Establishment Manual, Vol. 11, Chap. XX- -- Word "promotion"-Meaning - Appointment of petitioner a P. S. P. Officer as Deputy Secretary-Did not qualify as promotion, nor expressed to be so when made-Appointment itself being not a promotion, same, held, could not be transferred as a promotion in care to which petitioner belonged-Getting higher pay, rank, and status on ex cadre post-Does not amount to promotion nor can such improvement be carried as of right to cadre to which petitioner belong­ed.-[Words and phrases-Civil services]. Pakistan v. Moazzam Hussain Khan etc. P L D 1959 S C (Pak.) 13 ; Pakistan v. Fazalur Rahman Khondkar and others P L D 1959 S C (Pak.) 82 ; Muhammad Sadlq v. Secretary, Education 1979 S C M R 139 and Ghulam Sarwar Khan v. Federation 1980 S C M R 366 ref. (c) Police Service of Pakistan (Composition & Cadre) Rules, 1969- Read with Civil Servants Ordinance (XIV of 1973), S. 8-Seniority, determination of-Selection of petitioner, a P. S. P. Officer, not amounting to promotion, his appointment in grade of Deputy Secretary, held, took effect when formal orders issued and trial period started when be took over charge of post-Petitioner's regular appointment taking place subsequently when so ordered on recommendation of Selection Board and all such dates having fallen after enforcement of Civil Servants Ordinance, 1973, provisions of such…

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