Law:

Section:

Civil service- -- Seniority--To be counted from date of coninuous officiation in particular grade-Confirmation date-Not determining factor for seniority-Civil Servants Act (LXXI of 1973), S. 8 (4). Mr. Bilal for Appellant. Syed M. Shahudul Haque for the State. Date of hearing: 1st September, 1982. JUDGMENT A. O. RAZIUR RAHMAN (MEMBER).-The Appellant was recruited on 21st December, 1949 as a direct Deputy Superintendent of Police on the basis of the recommendations of Joint Punjab and N.-W. F. P. Public service Commissions. On 11th March, 1954 he was promoted to officiate as Superintendent of Police. Subsequently, having qualified in the lateral entry examination, he was inducted into the Secretariat Group on 21st April, 1976 and placed in Grade 20. In this capacity, he is at present working as Director-General, Bureau of Police Research and Develop­ment, under the Ministry of Interior since 12th December, 1977. Although he post which he is holding is meant for a Grade 21 officer, he retains his own grade i.e. Grade 20. He has, however, not been confirmed in the Secretariat Group. On 28th August, 1980 the Establishment Division published a provisional Gradation List of A.P.U.G. officers of the Police Trade 18 to Grade 22 and circulated it for fling of objections, if any, order that the final Gradation List may be issued after considering the objections. This list did not include the name of the Appellant, who on 27th September, 1980, made a representation to the Establishment Secretary pointing out the omission and requesting that his seniority may be fixed tom the date of continuous officiation as Superintendent of Police (Grade 18), namely, 11th March, 1954. Not having received any response from the Establishment Secretary, the Appellant, after waiting for the statutory period of 90 days, came up in appeal before the Tribunal on 25th January, 1981 praying that a direction be issued to the Respondent to include him in the seniority list and to place hint directly below Kh. Masroor Hussain, who is at No. 2 of Gradation List of the Police Group in Grade 21. 2. The parties were heard on 1st September, 1982 and the appeal is being disposed of by this order. 3. The…

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